DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Globe Construction Group & Civil Contractors Pty Ltd
(AG2015/6321)

GLOBE CONSTRUCTION GROUP & CIVIL CONTRACTORS PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 16 DECEMBER 2015

Application for approval of the Globe Construction Group & Civil Contractors Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Globe Construction Group & Civil Contractors 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 Globe Construction Group & Civil Contractors Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 December 2015. The nominal expiry date of the Agreement is 15 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Globe Construction Group & Civil Contractors Pty Ltd applied for the approval of their Enterprise Agreement 2015. The application involved the terms and conditions of employment for workers within their organisation. The primary dispute centred around the fairness and compliance of the proposed agreement with the applicable industrial laws.

The legal issues before the court encompassed the validity of the agreement's provisions, specifically whether they complied with the Fair Work Act 2009. This included scrutinising the agreement for provisions that were potentially unfair or did not meet the minimum standards set by the Act. Additionally, the court needed to assess if the agreement was genuinely negotiated and not imposed unilaterally.

The court examined the negotiation process and found that the agreement had been reached through genuine bargaining. The terms were deemed fair and reasonable, aligning with the minimum entitlements provided by the Fair Work Act. The court found no provisions that contravened the Act and approved the agreement, emphasising the importance of fair and genuine negotiations in enterprise agreements.

The court approved the Globe Construction Group & Civil Contractors Pty Ltd Enterprise Agreement 2015, confirming its compliance with the Fair Work Act 2009. The decision underscored the necessity for genuine negotiation in the formation of such agreements and the importance of meeting minimum standards for employee entitlements.

Globe Construction Group & Civil Contractors 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