DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sayer Civil Pty Ltd
(AG2015/4868)

SAYER CIVIL PTY LTD CIVIL CONSTRUCTION ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 9 SEPTEMBER 2015

Application for approval of the Sayer Civil Pty Ltd Civil Construction Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Sayer Civil Pty Ltd Civil Construction 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 Sayer Civil 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. 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.

[3] The Agreement was approved on 9 September 2015 and, in accordance with s.54, will operate from 16 September 2015. The nominal expiry date of the Agreement is 30 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Sayer Civil Pty Ltd, sought approval of the Sayer Civil Pty Ltd Civil Construction Enterprise Agreement 2015. The application was brought before the Fair Work Commission (FWC). The respondents, various unions and employee representatives, contested the application on the grounds that the agreement did not meet the requirements of the Fair Work Act 2009.

The primary legal issue the FWC had to address was whether the agreement was a simple, low-risk enterprise agreement, as claimed by the applicant. The FWC needed to determine if the agreement had been fairly and genuinely negotiated and if it contained the necessary provisions to warrant approval. The FWC also had to consider whether the agreement met the criteria for a low-risk enterprise agreement, which would allow for a streamlined approval process.

The FWC found that the agreement was genuinely negotiated and contained all the necessary provisions as required by the Fair Work Act. The FWC was satisfied that the agreement met the criteria for a low-risk enterprise agreement. Consequently, the FWC approved the Sayer Civil Pty Ltd Civil Construction Enterprise Agreement 2015. This decision confirmed the agreement as binding for the relevant parties.

Sayer Civil 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