Killarnee Civil & Concrete Contractors Pty Ltd

[2013] FWCA 2093

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Killarnee Civil & Concrete Contractors Pty Ltd
(AG2013/201)

KILLARNEE CIVIL & CONCRETE CONTRACTORS PTY LTD GENERAL ENTERPRISE AGREEMENT 2012

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 5 APRIL 2013

Application for approval of the Killarnee Civil & Concrete Contractors Pty Ltd General Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Killarnee Civil & Concrete Contractors Pty Ltd General Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Killarnee Civil & Concrete Contractors Pty Ltd applied to the Fair Work Commission for the approval of the Killarnee Civil & Concrete Contractors Pty Ltd General Enterprise Agreement 2012. The respondent, the Concrete Masonry and Bricklaying Industrial Union of Australia, opposed the application. The dispute arose due to disagreements over certain terms of the proposed enterprise agreement, which was intended to govern the employment conditions of employees within the company.

The primary legal issues before the Commission were whether the proposed agreement met the requirements of the Fair Work Act 2009, including provisions related to the registration of agreements and the protection of employees' rights. Specifically, the Commission needed to determine if the agreement contained all the mandatory terms stipulated by the Act and if it ensured that employees were not worse off in terms of their pay and conditions.

In its decision, the Commission examined the terms of the proposed agreement and assessed whether they complied with the statutory requirements. The Commission found that the agreement contained all the mandatory terms and did not disadvantage the employees. The Commission was satisfied that the proposed agreement met the necessary criteria for approval, including the protection of employee rights and the provision of a safety net for those not covered by the agreement. Therefore, the application was approved.

The final orders included the approval of the Killarnee Civil & Concrete Contractors Pty Ltd General Enterprise Agreement 2012, which came into effect on the date of the decision. The agreement was registered, and the parties were bound by its terms, ensuring that the employment conditions were governed by the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established