DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Seadar Contractors Pty Ltd
(AG2018/1147)

SEADAR CONTRACTORS PTY LTD ENTERPRISE AGREEMENT 2018-2022

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 19 JULY 2018

Application for approval of the Seadar Contractors Pty Ltd Enterprise Agreement 2018-2022.

[1] An application has been made for approval of an enterprise agreement known as the Seadar Contractors Pty Ltd Enterprise Agreement 2018-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Seadar Contractors Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 July 2018. The nominal expiry date of the Agreement is 18 July 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Seadar Contractors Pty Ltd applied for the approval of the Seadar Contractors Pty Ltd Enterprise Agreement 2018-2022. The application was opposed by the Building Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred around the fairness and appropriateness of various provisions within the proposed enterprise agreement, including wage rates, conditions of employment, and dispute resolution mechanisms. The Commission was tasked with determining whether the agreement met the legal standards for fairness and whether it complied with the relevant legislative provisions.

The legal issues before the Commission included whether the agreement provided for adequate consultation and negotiation processes, if the terms were fair and reasonable, and whether the agreement adhered to the statutory requirements for enterprise agreements. The Commission examined the evidence presented by both parties, including submissions on the industry's economic context, the parties' bargaining positions, and the fairness of specific clauses. The Commission also considered the broader public interest, including the impact on employees and the maintenance of industrial harmony.

After considering the evidence and submissions, the Commission found that the agreement was fair and reasonable. It noted that the parties had engaged in genuine negotiations and that the agreement provided for appropriate consultation and negotiation processes. The Commission was satisfied that the wage rates and conditions were fair, taking into account the economic context and the parties' bargaining positions. The Commission also found that the dispute resolution mechanisms were appropriate and that the agreement complied with the statutory requirements. As a result, the Commission approved the Seadar Contractors Pty Ltd Enterprise Agreement 2018-2022.

The final orders of the Commission were that the Seadar Contractors Pty Ltd Enterprise Agreement 2018-2022 be approved as a registered agreement. This approval was subject to the agreement being registered by the parties within the prescribed timeframe. The Commission's decision provided clarity for the parties and ensured that the agreement met the necessary legal standards for fairness and compliance.

Seadar Contractors 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