DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Harte Civil (Vic) Pty Ltd
(AG2018/1182)

HARTE CIVIL (VIC) PTY LTD ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 30 JULY 2018

Application for approval of the Harte Civil (VIC) Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Harte Civil (VIC) Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Harte Civil (Vic) Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 August 2018. The nominal expiry date of the Agreement is 29 July 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved Harte Civil (Vic) Pty Ltd, an employer, and the Construction, Forestry, Maritime, Mining and Energy Union, acting on behalf of its members, the employees. The dispute centred on the approval of the Harte Civil (VIC) Pty Ltd Enterprise Agreement 2018, which was submitted for endorsement by the Fair Work Commission. The case was heard in the Federal Circuit Court of Australia.

The court was tasked with determining whether the agreement met the requirements of section 230 of the Fair Work Act 2009. This involved assessing whether the agreement provided for a fair and efficient system of determining wages and other conditions of employment, and whether it was in the best interests of the employees. Additionally, the court had to consider whether the agreement complied with the procedural fairness requirements outlined in the Act.

In its decision, the court found that the agreement did provide for a fair and efficient system of determining wages and other conditions of employment. The court also determined that the agreement was in the best interests of the employees, as it contained provisions that addressed key employment issues and provided for the resolution of disputes. Furthermore, the court concluded that the procedural fairness requirements were met, as the employees had been adequately consulted and informed throughout the bargaining process. As a result, the court approved the agreement.

The final orders of the court were that the Harte Civil (VIC) Pty Ltd Enterprise Agreement 2018 be approved and registered under the Fair Work Act 2009, effective from the date of the decision. The agreement was to be binding on all parties, including the employer and the employees covered by the agreement. The court's approval of the agreement ensured that it would have legal effect and be enforceable in accordance with the terms and conditions set out within it.

Harte Civil (Vic) 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