Integra Land Pty Ltd

[2013] FWCA 8719

FAIR WORK COMMISSION

DECISION

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

Integra Land Pty Ltd
(AG2013/10854)

INTEGRA LAND PTY. LTD. CIVIL CONSTRUCTION ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 7 NOVEMBER 2013

Application for approval of the Integra Land Pty. Ltd. Civil Construction Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Integra Land Pty. Ltd. Civil Construction Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Integra Land Pty Ltd. The Agreement is a single-enterprise agreement.

[2] 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] My satisfaction as to s.186(2)(d) is subject to written undertaking provided in relation to concerns raised by me in respect of approval of the Agreement, which is attached to this Decision as Annexure A and to the Agreement, in accordance with s.191(1)(b) are taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54, will operate from 14 November 2013. The nominal expiry date of the Agreement is 27 November 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The Fair Work Commission was asked to approve a proposed enterprise agreement between Integra Land Pty Ltd and its employees. The agreement aimed to establish terms and conditions of employment for workers within the civil construction enterprise. The parties involved were Integra Land Pty Ltd, a civil construction company, and its employees, who were represented by a union. The dispute centred on whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009.

The key legal issues before the Commission were whether the proposed agreement provided for the protection of employees' rights, included necessary provisions for minimum terms and conditions, and whether it was appropriately negotiated. The Commission had to determine whether the agreement met the criteria for approval as set out in the Fair Work Act, including whether it was fairly and genuinely negotiated and whether it provided for appropriate minimum terms and conditions. The Commission also needed to consider whether the agreement provided for adequate protections for employees, including provisions for wages, hours of work, and other employment conditions.

The Fair Work Commission concluded that the proposed agreement met the necessary criteria for approval. The Commission found that the agreement was fairly and genuinely negotiated and provided for appropriate minimum terms and conditions. The Commission also determined that the agreement provided for adequate protections for employees, including provisions for wages, hours of work, and other employment conditions. The Commission found that the proposed agreement complied with the relevant provisions of the Fair Work Act and approved it. The Commission noted that the agreement included provisions for the protection of employees' rights and provided for appropriate minimum terms and conditions of employment.

The Fair Work Commission approved the Integra Land Pty Ltd Civil Construction Enterprise Agreement 2013. The Commission found that the agreement met the necessary criteria for approval under the Fair Work Act. The agreement was fairly and genuinely negotiated and provided for appropriate minimum terms and conditions. The Commission also determined that the agreement provided for adequate protections for employees, including provisions for wages, hours of work, and other employment conditions. The Commission approved the agreement, which will now become a legally binding enterprise agreement between Integra Land Pty Ltd and its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established