DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ferrycarrig Construction Pty Ltd
(AG2021/4850)

FERRYCARRIG CONSTRUCTION ENTERPRISE AGREEMENT 2021-2025

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 27 MAY 2021

Application for approval of the Ferrycarrig Construction Enterprise Agreement 2021-2025.

[1] An application has been made for approval of an enterprise agreement known as the Ferrycarrig Construction Enterprise Agreement 2021-2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ferrycarrig Construction Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 June 2021. The nominal expiry date of the Agreement is 26 May 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission (FWC) considered an application for the approval of the Ferrycarrig Construction Enterprise Agreement 2021-2025. The applicant, Ferrycarrig Construction Pty Ltd, sought the agreement's approval under section 234 of the Fair Work Act 2009. The application was made in the context of industrial relations within the construction industry, focusing on the terms and conditions of employment for employees covered by the agreement.

The legal issues before the FWC included whether the agreement met the criteria for approval under the Fair Work Act. Specifically, the FWC had to determine if the agreement complied with the requirements for a simple summary, was made in good faith, and did not adversely affect employees. Additionally, the FWC had to assess whether the agreement provided for a safety net of minimum terms and conditions and if it was consistent with the national workplace relations system.

In its decision, the FWC considered various aspects of the agreement, including the provisions related to wages, hours of work, leave entitlements, and other employment conditions. The FWC found that the agreement provided for a safety net of minimum terms and conditions and was consistent with the national workplace relations system. The FWC also determined that the agreement was made in good faith and did not adversely affect employees. Consequently, the FWC approved the Ferrycarrig Construction Enterprise Agreement 2021-2025, and it became legally binding on the parties from the date of the FWC's decision.

Ferrycarrig Construction Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established