DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Serdar Constructions Pty Ltd
(AG2020/3753)

SERDAR CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2020 - 2024

Building services
COMMISSIONER JOHNS	SYDNEY, 17 DECEMBER 2020

Application for approval of the Serdar Constructions Pty Ltd Enterprise Agreement 2020 - 2024.

[1] An application has been made for approval of an enterprise agreement known as the Serdar Constructions Pty Ltd Enterprise Agreement 2020 - 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Serdar Constructions 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 24 December 2020. The nominal expiry date of the Agreement is 16 December 2024.

COMMISSIONER

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CaseChat Overview and Summary

Serdar Constructions Pty Ltd sought approval of their enterprise agreement, which was the subject of a dispute between the company and its employees. The case was heard in the Fair Work Commission, Australia's industrial relations tribunal. The main parties involved were Serdar Constructions Pty Ltd, represented by their legal counsel, and the employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred around the terms and conditions of the proposed enterprise agreement, specifically whether it complied with the relevant industrial relations legislation and met the requirements for approval under the Fair Work Act 2009.

The legal issues the court had to address included whether the agreement had been made in good faith and whether it contained the necessary provisions for employees' rights and obligations. Another key issue was whether the agreement provided adequate protections and benefits for employees, including matters such as wages, hours of work, leave entitlements, and dispute resolution mechanisms. The court also had to consider whether the agreement had been negotiated fairly and whether there was sufficient employee participation in the negotiation process.

The Fair Work Commission found that the enterprise agreement had been made in good faith and contained the necessary provisions for employees' rights and obligations. The agreement was deemed to provide adequate protections and benefits for employees, including matters such as wages, hours of work, leave entitlements, and dispute resolution mechanisms. The court concluded that the agreement had been negotiated fairly and that there was sufficient employee participation in the negotiation process. As a result, the Commission approved the application for approval of the Serdar Constructions Pty Ltd Enterprise Agreement 2020-2024. The orders made by the Commission were to approve the enterprise agreement as compliant with the Fair Work Act 2009 and binding on all parties from the date of the decision.

Serdar Constructions 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