DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ferrycarrig Construction Pty Ltd
(AG2017/1482)

FERRYCARRIG CONSTRUCTION ENTERPRISE AGREEMENT 2017-2021

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 16 MAY 2017

Application for approval of the Ferrycarrig Construction Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the Ferrycarrig Construction Enterprise Agreement 2017-2021 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 16 May 2017 and, in accordance with s.54, will operate from 23 May 2017. The nominal expiry date of the Agreement is 16 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Master Builders Association of NSW, sought approval of the Ferrycarrig Construction Enterprise Agreement 2017-2021. The respondent, the Construction, Forestry, Maritime, Mining and Energy Union, opposed the application. The dispute was heard by the Fair Work Commission, an independent statutory body with jurisdiction to make decisions about employment and workplace relations issues in Australia. The Commission's decision was subject to appeal to the Federal Court of Australia.

The central legal issue was whether the agreement complied with the requirements of the Fair Work Act 2009. The respondent argued that the agreement did not meet the requirements of section 232 of the Act, which sets out the criteria for the approval of an enterprise agreement. Specifically, the respondent claimed that the agreement did not meet the requirement that it provides for a "fair and reasonable" rate of pay and conditions for employees. The applicant argued that the agreement was fair and reasonable and complied with all relevant legal requirements.

The Commission found that the agreement did meet the requirements of the Act. The Commission considered a range of evidence and submissions from both parties and concluded that the agreement provided for fair and reasonable rates of pay and conditions for employees. The Commission also noted that the agreement had been negotiated in good faith and that there was broad support for it among the employees covered by the agreement. The Commission therefore approved the agreement.

The Commission made an order approving the Ferrycarrig Construction Enterprise Agreement 2017-2021. The agreement is now a legally binding contract between the applicant and the respondent, and it sets out the terms and conditions of employment for employees covered by the agreement. The respondent's application for review of the Commission's decision was dismissed.

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