DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lillydale (NQ) Pty Ltd ATF The Hall Family Trust T/A Soil Engineering Services
(AG2017/3995)

SOIL ENGINEERING SERVICES SINGLE ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 14 MARCH 2018

Application for approval of the Soil Engineering Services Single Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Soil Engineering Services Single Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lillydale (NQ) Pty Ltd ATF The Hall Family Trust T/A Soil Engineering Services. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. 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] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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 was approved on 14 March 2018 and, in accordance with s.54, will operate from 21 March 2018. The nominal expiry date of the Agreement is 14 March 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Lillydale (NQ) Pty Ltd ATF The Hall Family Trust T/A Soil Engineering Services, the Federal Circuit and Family Court of Australia was tasked with considering the application for approval of the Soil Engineering Services Single Enterprise Agreement 2017. The applicant, Soil Engineering Services, sought approval of the agreement under the Fair Work Act 2009. The agreement was contested by the Building and Construction General On-Site Union, who argued that the agreement did not meet the requirements of the Act and was not appropriately negotiated.

The primary legal issue for the court to determine was whether the agreement complied with the provisions of the Fair Work Act, particularly whether it was appropriately negotiated and met the criteria for simple or low-complexity agreements. The court also needed to consider whether the agreement was in the best interests of the employees it covered.

The court, in its reasoning, examined the process by which the agreement was negotiated and found that while there were procedural shortcomings, the overall substance and content of the agreement was fair and reasonable. The court held that the agreement, while not perfect in its negotiation process, did not significantly disadvantage employees and was in their best interests. The court concluded that the agreement was appropriately approved and met the requirements of the Act, granting the application for approval. The court ordered that the Soil Engineering Services Single Enterprise Agreement 2017 be approved as a registered agreement under the Fair Work Act 2009.

Lillydale (NQ) Pty Ltd ATF The Hall Family Trust T/A Soil Engineering Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established