DECISION

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

J.A. Bradshaw T/A J.A. Bradshaw Civil Contracting Pty Ltd
(AG2014/8032)

J.A. BRADSHAW CIVIL CONTRACTING PTY LTD ENTERPRISE AGREEMENT 2014-2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 9 DECEMBER 2014

Application for approval of the J.A. Bradshaw Civil Contracting Pty Ltd Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the J.A. Bradshaw Civil Contracting Pty Ltd Enterprise Agreement 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by J.A. Bradshaw trading as J.A. Bradshaw Civil Contracting Pty Ltd (the Applicant). The Agreement is a single-enterprise agreement.

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

[3] The Fair Work Commission (FWC) received correspondence dated 21 November 2014, which included further material in support of the application together with Undertakings made by and duly signed by the Operations Manager, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 9 December 2018.

COMMISSIONER

Undertaking

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves J.A. Bradshaw T/A J.A. Bradshaw Civil Contracting Pty Ltd, who applied to the Fair Work Commission for approval of the Enterprise Agreement 2014-2017. The union representing the employees, United Voice, opposed the application, citing issues with the proposed terms and conditions of employment. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the Enterprise Agreement contained terms that complied with the procedural and substantive requirements set out in the Fair Work Act. Specifically, the Commission had to consider whether the agreement was made in good faith, whether it provided for a fair and efficient workplace, and whether it included appropriate dispute resolution mechanisms. Additionally, the Commission examined whether the agreement adequately addressed the needs of the employees and complied with minimum entitlements as stipulated by the Act.

In reaching its decision, the Commission considered submissions from both parties and examined the content of the Enterprise Agreement. The Commission found that the agreement generally met the requirements of the Act, including provisions for fair and efficient workplace practices and adequate dispute resolution mechanisms. While acknowledging some concerns raised by the union, the Commission determined that these did not outweigh the overall fairness and compliance of the agreement. Consequently, the Commission approved the Enterprise Agreement 2014-2017, finding it to be in accordance with the Act's requirements.

The Fair Work Commission approved the Enterprise Agreement 2014-2017, confirming its compliance with the Fair Work Act. This decision ensures that the agreement can be implemented, providing a framework for the employment relationship between J.A. Bradshaw Civil Contracting Pty Ltd and its employees for the specified period. The approval marks the end of the procedural process, allowing the terms of the agreement to take effect as intended.

J.A. Bradshaw T/A J.A. Bradshaw Civil Contracting 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