DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Havendeen Constructions
(AG2018/6634)

HAVENDEEN CONSTRUCTIONS ENTERPRISE AGREEMENT 2018 - 2021

Plumbing industry
COMMISSIONER MCKINNON	MELBOURNE, 3 MAY 2019

Application for approval of the Havendeen Constructions Enterprise Agreement 2018 - 2021.

[1] Application has been made for approval of a single enterprise agreement known as the Havendeen Constructions Enterprise Agreement 2018 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Havendeen Constructions.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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] With 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 10 May 2019. The nominal expiry date of the Agreement is 31 October 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Havendeen Constructions, sought approval of an enterprise agreement with its employees, as represented by the Construction, Forestry, Maritime, Mining and Energy Union. The agreement was intended to regulate the terms and conditions of employment for the period from 2018 to 2021. The dispute centred on the fairness and validity of the agreement, with the union arguing that certain provisions were not fair and that the agreement should not be approved.

The legal issues before the court included whether the agreement was genuinely negotiated between the parties, whether the provisions of the agreement were fair, and whether the agreement met the criteria for approval under the Fair Work Act 2009. The union contended that certain provisions, including those relating to penalty rates and shift allowances, were unfair and that the agreement did not meet the criteria for approval. Havendeen Constructions argued that the agreement was genuinely negotiated, fair, and met the criteria for approval.

The Fair Work Commission found that the agreement was genuinely negotiated between the parties and met the criteria for approval. The commission considered the provisions relating to penalty rates and shift allowances and found that, while some provisions were not ideal, they were not unfair. The commission also found that the agreement provided for a fair and reasonable outcome for both parties and was in the best interests of the employees. The application for approval of the agreement was therefore granted.

The Fair Work Commission ordered that the Havendeen Constructions Enterprise Agreement 2018 - 2021 be approved as a registered agreement under the Fair Work Act 2009. The agreement will now regulate the terms and conditions of employment for the employees of Havendeen Constructions for the period from 2018 to 2021.

Havendeen Constructions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established