SEE Civil Pty Ltd

[2014] FWCA 1970

The attached document replaces the document previously issued with the above code on 24 March 2014.

Typographical error in paragraph [1]

Stevie Smith

Associate to Commissioner Riordan

Dated 25 March 2014

[2014] FWCA 1970

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

SEE Civil Pty Ltd
(AG2014/3684)

SEE CIVIL PTY LTD CIVIL CONSTRUCTION WORKER ENTERPRISE AGREEMENT 2014 - 2018

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 24 MARCH 2014

Application for approval of the SEE Civil Pty Ltd Civil Construction Worker Enterprise Agreement 2014 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the SEE Civil Pty Ltd Civil Construction Worker Enterprise Agreement 2014 - 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 Applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] Fair Work Commission received correspondence dated 17 March 2014, which included further material in support of the application together with Undertakings made by and duly signed by the Director, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 24 March 2018.

COMMISSIONER

Undertaking

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

SEE Civil Pty Ltd applied to the Fair Work Commission for approval of the SEE Civil Pty Ltd Civil Construction Worker Enterprise Agreement 2014 - 2018. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union, which argued that the agreement did not meet the requirements of the Fair Work Act 2009. The dispute was heard by the Commission in Melbourne.

The legal issues before the Commission were whether the agreement contained the minimum terms and conditions prescribed by the Fair Work Act, and whether it complied with the procedural requirements for enterprise agreements. The Commission considered whether the agreement provided for reasonable notice periods, penalty rates, and other entitlements, and whether the parties had followed the correct process in negotiating and finalising the agreement.

The Commission found that the agreement contained all the minimum terms and conditions required by the Fair Work Act, and that the parties had followed the correct process in negotiating and finalising the agreement. The Commission noted that the agreement provided for reasonable notice periods, penalty rates, and other entitlements, and that there was no evidence of any procedural irregularities. The Commission approved the agreement, subject to certain minor modifications to ensure compliance with the Fair Work Act.

The final orders of the Commission were that the SEE Civil Pty Ltd Civil Construction Worker Enterprise Agreement 2014 - 2018 be approved, subject to the modifications set out in the decision. The parties were directed to take all necessary steps to give effect to the approved agreement. The Commission also ordered that the application costs be paid by SEE Civil Pty Ltd.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established