Heron Construction Company Ltd Summary

[2022] FWCA 3364

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Heron Construction Company Ltd

(AG2022/3917)

Heron Construction Non-Propelled Dredging Enterprise Agreement 2022

Dredging industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 29 SEPTEMBER 2022

Application for approval of the Heron Construction Non-Propelled Dredging Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement to be known as the Heron Construction Non-Propelled Dredging Enterprise Agreement 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Heron Construction Company Ltd (Employer). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 October 2022. The nominal expiry date of the Agreement is 6 October 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Heron Construction Company Ltd was the applicant in this case, seeking approval of a new enterprise agreement. The respondents were the Australian Building and Construction Commission and the relevant trade unions. The dispute centred around the proposed Heron Construction Non-Propelled Dredging Enterprise Agreement 2022, which the applicant sought to have registered and made binding on the employees. The case was heard by the Fair Work Commission.

The legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act 2009, and if it was in the best interests of the employees. Key issues included whether the agreement provided for fair and reasonable terms, and whether it had been negotiated in good faith. The Commission also needed to consider whether the agreement met the 'better-off-overall' test, ensuring that employees were not worse off under the new agreement.

The Commission found that the agreement did comply with the legislative requirements and was in the best interests of the employees. The agreement provided for fair and reasonable terms, including provisions for wages, hours of work, and other conditions. The Commission was satisfied that the agreement had been negotiated in good faith and that employees were better off overall. The Commission approved the Heron Construction Non-Propelled Dredging Enterprise Agreement 2022 and made it a registered agreement under the Fair Work Act.

The Commission's final orders were that the Heron Construction Non-Propelled Dredging Enterprise Agreement 2022 be registered and made binding on the parties, effective from the date of the decision. The agreement was to apply to all employees covered by the agreement, and the Commission noted that it would monitor compliance with the agreement. The decision provides clarity for Heron Construction and its employees regarding the terms and conditions of employment under the new agreement.

Heron Construction Company Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established