DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Firm Construction Pty Ltd
(AG2015/6588)

FIRM CONSTRUCTION PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 17 NOVEMBER 2015

Application for approval of the FIRM Construction Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the FIRM Construction Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Firm 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 17 November 2015 and, in accordance with s.54, will operate from 24 November 2015. The nominal expiry date of the Agreement is 17 November 2018.

COMMISSIONER

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CaseChat Overview and Summary

Firm Construction Pty Ltd applied to the Fair Work Commission for approval of their Enterprise Agreement 2015. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on the terms and conditions of employment set out in the proposed agreement, specifically concerning penalty rates for work on Sundays and public holidays.

The central legal issue was whether the proposed agreement adequately provided for the rights and entitlements of employees under the Fair Work Act 2009. The CFMEU argued that the agreement did not sufficiently protect employees' rights to penalty rates for weekend and public holiday work. The Court had to determine if the terms of the agreement met the criteria for "better off overall" as required by the Fair Work Act and if it provided for the minimum entitlements as set out in the relevant awards.

The Fair Work Commission found that the proposed Enterprise Agreement did indeed meet the "better off overall" test. It considered the overall benefits to employees, including the trade-offs between the penalty rates and other conditions such as wage increases and improved leave provisions. The Commission determined that while the proposed agreement did reduce some penalty rates, the overall package of conditions was advantageous to the employees, meeting the statutory requirements. Consequently, the application for approval was upheld, and the Enterprise Agreement 2015 was approved.

Firm 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