DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SA Earthworks Pty Ltd T/A SA Earthworks
(AG2015/5298)

SA EARTHWORKS PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	SYDNEY, 29 OCTOBER 2015

Application for approval of the SA Earthworks Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the SA Earthworks Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SA Earthworks Pty Ltd T/A SA Earthworks. 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, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 29 October 2015 and, in accordance with s.54, will operate from 5 November 2015. The nominal expiry date of the Agreement is 29 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

SA Earthworks Pty Ltd, trading as SA Earthworks, applied to the Fair Work Commission for approval of their Enterprise Agreement 2015. The application was made in accordance with the Fair Work Act 2009, and the proceedings were held in the Fair Work Commission. The dispute centred around whether the proposed Enterprise Agreement met the 'better off overall test' (BOOT) as required by the Act, ensuring that employees would not be worse off financially compared to their entitlements under the applicable Award or General Retail Industry Award.

The primary legal issue for the Commission was to determine if the proposed agreement provided terms and conditions that were at least as good as those provided by the relevant Award, thereby satisfying the BOOT. This involved assessing the financial implications of the proposed agreement on the employees, including wages, penalty rates, and other entitlements. The Commission had to weigh these factors against the current Award to ascertain if the agreement met the statutory requirement of not disadvantaging the employees.

The Fair Work Commission concluded that the proposed Enterprise Agreement did indeed satisfy the BOOT, as it provided terms and conditions that were not less favourable than those provided by the applicable Award. The Commission found that the agreement offered employees adequate protections and benefits, and that the financial implications were favourable. Consequently, the Commission approved the SA Earthworks Pty Ltd Enterprise Agreement 2015.

SA Earthworks Pty Ltd T/A SA Earthworks

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established