DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hargraves Urban Pty Ltd
(AG2015/4265)

HARGRAVES URBAN PTY LTD ENTERPRISE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 25 AUGUST 2015

Application for approval of the Hargraves Urban Pty Ltd Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Hargraves Urban Pty Ltd Enterprise Agreement 2015 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hargraves Urban Pty Ltd. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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 25 August 2015 and, in accordance with s.54 will operate from 1 September 2015. The nominal expiry date of the Agreement is 25 August 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hargraves Urban Pty Ltd sought approval of an enterprise agreement with its employees under the Fair Work Act 2009. The dispute was heard in the Fair Work Commission, which has jurisdiction over such matters. The primary legal issue before the Commission was whether the proposed agreement met the "better off overall test" (BOOT), which requires that employees are not worse off financially under the new agreement compared to their previous conditions.

The Commission examined the proposed agreement's provisions, including wage rates, entitlements, and conditions of employment. It considered submissions from both the employer and the employees' representative, the Construction, Forestry, Maritime, Mining and Energy Union. The Commission assessed whether the agreement provided employees with at least the minimum rate of pay and other entitlements as set out in the relevant award, and whether it offered improvements that were sufficient to satisfy the BOOT. In making its decision, the Commission took into account the overall balance of advantages and disadvantages to employees and the need for the agreement to promote harmony, stability, and conciliation in industrial relations.

Upon review, the Commission found that the proposed agreement met the BOOT. The new agreement provided employees with a fair increase in wages and better conditions, without disadvantaging them financially. The Commission noted that the agreement also included provisions for dispute resolution and training, which would benefit the employees. Therefore, the Commission approved the Hargraves Urban Pty Ltd Enterprise Agreement 2015-2019, finding it to be in compliance with the requirements of the Fair Work Act 2009.

Hargraves Urban 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