DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SEE Civil Pty Ltd
(AG2018/1058)

SEE CIVIL PTY LTD ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 3 MAY 2018

Application for approval of the SEE Civil Pty Ltd Enterprise Agreement 2018.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 May 2018. The nominal expiry date of the Agreement is 2 May 2022.

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CaseChat Overview and Summary

SEE Civil Pty Ltd recently came before the Fair Work Commission in an application to approve an enterprise agreement proposed by the company. The dispute centered on the terms of the SEE Civil Pty Ltd Enterprise Agreement 2018, which aimed to regulate the employment conditions of the company’s workers. The legal issues before the Commission involved whether the agreement met the formal and substantive requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was genuinely negotiated, covered a genuine workplace, and met other statutory criteria.

The Fair Work Commission considered whether the proposed agreement was genuinely negotiated between the employer and the employees, as required by the legislation. The Commission also assessed whether the agreement covered a genuine workplace and if it provided for the minimum terms and conditions of employment. Furthermore, the Commission examined the fairness of the agreement's terms, ensuring that they did not unjustifiably harm the employees.

After reviewing the submissions and evidence presented by both parties, the Fair Work Commission found that the SEE Civil Pty Ltd Enterprise Agreement 2018 met all the necessary statutory requirements. The Commission was satisfied that the agreement was genuinely negotiated and covered a genuine workplace. It also determined that the agreement did not unjustifiably harm the employees and provided for the minimum terms and conditions of employment as required by law. Consequently, the Commission approved the agreement.

In summary, the Fair Work Commission approved the SEE Civil Pty Ltd Enterprise Agreement 2018, finding it to be genuinely negotiated, covering a genuine workplace, and providing for the minimum terms and conditions of employment. The Commission's decision ensured that the agreement was in compliance with the Fair Work Act 2009, thereby allowing the company to implement the agreed-upon terms for its employees.

SEE 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