Fairweather Davies Pty Ltd

[2013] FWCA 9518

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Fairweather Davies Pty Ltd
(AG2013/11568)

FAIRWEATHER DAVIES PTY LTD ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 6 DECEMBER 2013

Application for approval of the Fairweather Davies Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Fairweather Davies Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Fairweather Davies Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 December 2013. The nominal expiry date of the Agreement is 13 December 2017.

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CaseChat Overview and Summary

The Fairweather Davies Pty Ltd case involved the company's application for the approval of the 2013 Enterprise Agreement before the Fair Work Commission (FWC). The FWC was required to determine whether the agreement met the legal standards for approval under the Fair Work Act 2009. This included ensuring the agreement complied with the 'better off overall test', which mandates that employees be no worse off financially by the terms of the agreement.

The primary legal issue before the FWC was whether the proposed agreement was fair and reasonable, and whether it provided for the terms and conditions of employment of the employees in a manner that met the statutory requirements. The FWC needed to consider the implications of the agreement on the employees, including their wages, hours of work, leave entitlements, and other conditions of employment. The company argued that the agreement was fair and reasonable, while the union representing the employees contended that certain provisions were unfair and did not meet the better off overall test.

The FWC determined that the proposed agreement did not comply with the statutory requirements for approval. The commission found that the agreement did not adequately protect the employees' financial interests and failed to meet the better off overall test. Specifically, the FWC noted that some of the proposed changes to the employees' conditions of employment would result in them being worse off financially. Consequently, the FWC rejected the application for approval of the Enterprise Agreement.

No further orders were made beyond the rejection of the agreement, leaving the employees and employer to negotiate a revised agreement that complied with the statutory requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established