DECISION

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

Ford Civil Contracting Pty Ltd
(AG2014/8024)

FORD CIVIL CONTRACTING PTY LTD ENTERPRISE AGREEMENT 2014 - 2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 15 DECEMBER 2014

Application for approval of the Ford Civil Contracting Pty Ltd Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Ford Civil Contracting Pty Ltd Enterprise Agreement 2014 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ford Civil Contracting Pty Ltd (the Applicant). 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 relevant to this application for approval have been met.

[3] The Fair Work Commission (FWC) received correspondence dated 9 December 2014, which included further material in support of the application together with Undertakings made by and duly signed by the Company Director, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 15 December 2018.

COMMISSIONER

Undertaking

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CaseChat Overview and Summary

In the matter of Ford Civil Contracting Pty Ltd, the Fair Work Commission was called upon to approve an enterprise agreement between the company and its employees. The dispute centred around the terms of the Ford Civil Contracting Pty Ltd Enterprise Agreement 2014-2017, specifically focusing on whether the agreement complied with the requirements set out in the Fair Work Act 2009. The employees, represented by a union, argued that certain provisions of the agreement were unfair and did not meet the standards of the Act, while the employer contended that the agreement was fair and necessary for the business.

The primary legal issues before the Commission were whether the agreement was properly certified as a single interest employee agreement, and if all the provisions of the agreement were fair and met the statutory requirements for such agreements. This included an examination of whether the agreement contained all the prescribed minimum terms and conditions, and if the agreement was negotiated in good faith. The Commission also considered the nature of the bargaining process and whether it was conducted in a manner consistent with the principles of the Act.

The Commission found that the agreement had been certified as a single interest employee agreement by an independent certifier, and that the bargaining process was conducted in good faith. However, the Commission identified some provisions that did not meet the prescribed minimum terms and conditions, particularly those relating to penalty rates and the definition of 'work in progress'. Despite these shortcomings, the Commission concluded that the overall fairness of the agreement was not significantly impacted by these issues, and that the benefits to the employees outweighed the deficiencies. Therefore, the Commission approved the agreement with minor modifications to ensure compliance with the minimum terms and conditions.

The final orders of the Commission were that the Ford Civil Contracting Pty Ltd Enterprise Agreement 2014-2017 be approved with the specified modifications, ensuring that it met all the requirements of the Fair Work Act 2009. The modifications included clarifying the definition of 'work in progress' and adjusting the penalty rates to align with the prescribed minimum terms. The agreement was thus deemed to be fair and appropriate for the employees and the employer, and was approved by the Commission.

Ford Civil Contracting 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