Harris Park Building Pty Ltd

[2013] FWCA 761

FAIR WORK COMMISSION

DECISION

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

Harris Park Building Pty Ltd
(AG2012/13128)

HARRIS PARK BUILDING PTY LTD ENTERPRISE AGREEMENT 2012 - 2016

Building, metal and civil construction industries
COMMISSIONER BULL	SYDNEY, 4 FEBRUARY 2013

Application for approval of the Harris Park Building Pty Ltd Enterprise Agreement 2012 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Harris Park Building Pty Ltd Enterprise Agreement 2012 - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

Undertakings

[2] Following a request from the Commission for further information concerning the application of the better off overall test in regards to the span of hours in the Agreement, an undertaking with respect to clause 7 - Hours of work, and in particular, subclause 7.1.1, the ordinary hours of work, has been provided by the employer.

[3] This undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached at Annexure A.

[4] I have sought the views of the bargaining representative in respect of the undertaking, pursuant to s.190(4) of the Act. The bargaining representative has not advised of any concerns with the undertaking provided.

[5] I am satisfied that each of the requirements of s.186, including the requirement that the group of employees covered by the Agreement has been fairly chosen, and ss.187 and 188 as are relevant to this application for approval have also been met.

[6] The Agreement is approved. In accordance with s.54(1) of the Act, the Agreement will operate from 11 February 2013. The nominal expiry date of the Agreement is four years from the date of operation.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant Harris Park Building Pty Ltd applied for approval of the Harris Park Building Pty Ltd Enterprise Agreement 2012 - 2016. The applicant is a small construction business and the respondent is a trade union that represents its employees. The dispute concerns the scope and terms of the proposed enterprise agreement, including issues related to wages, working conditions, and other employment matters.

The central legal issues before the court were whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. This involved assessing whether the agreement had been made in good faith, whether it provided for minimum entitlements, and whether it complied with other legislative provisions. The court had to consider the submissions from both the applicant and the union, along with any relevant evidence provided.

The Commission found that the agreement was made in good faith and provided for all minimum entitlements as required by the Fair Work Act. The Commission also found that the agreement was fair and reasonable, taking into account the circumstances of the parties and the industry. The Commission approved the agreement, subject to certain minor modifications to ensure compliance with the Act. The modifications related primarily to the clarification of certain terms and the inclusion of specific provisions to ensure that the agreement could be effectively administered.

The final orders of the Commission were that the Harris Park Building Pty Ltd Enterprise Agreement 2012 - 2016 be approved, with the aforementioned modifications. The agreement is now legally binding on the parties and will govern the employment terms and conditions of the employees for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established