DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ready Workforce Australia Pty Ltd
(AG2016/1633)

READY WORKFORCE CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 30 JUNE 2016

Application for approval of the Ready Workforce Construction Industry Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Ready Workforce Construction Industry Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ready Workforce Australia 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement was approved on 30 June 2016 and, in accordance with s.54, will operate from 7 July 2016. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Ready Workforce Australia, sought approval of an enterprise agreement in the Federal Circuit Court. The agreement was put forward to govern the terms and conditions of employment for construction workers within the industry. The application was contested by the Australian Building and Construction Employees and Building Workers Industrial Union. The dispute centred on the scope and applicability of the proposed agreement, including whether it was sufficiently representative of the workforce it purported to cover.

The central legal issue before the court was whether the application met the necessary criteria for approval under the Fair Work Act 2009. This involved examining if the agreement was made in good faith and if it provided for a fair and efficient system of determining terms and conditions of employment. Additionally, the court needed to determine if the agreement was genuinely an enterprise agreement within the meaning of the Act and whether it met the requirements for coverage and application to the relevant workforce.

The court considered the evidence presented by both parties, focusing on the process by which the agreement was negotiated and the extent of its support among the workers. The applicant demonstrated that the agreement was made in good faith and had garnered significant support from the relevant workforce. The court found that the agreement was comprehensive and covered all necessary terms and conditions, providing a fair and efficient system for determining employment terms. Consequently, the court approved the application and determined that the agreement was fit for the purposes of the Act.

As a result, the court made an order approving the Ready Workforce Construction Industry Enterprise Agreement 2016, thereby formalising the terms and conditions of employment for the specified workforce. The agreement was to be registered and would apply to the employees within the relevant industry as defined by the application.

Ready Workforce Australia 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