DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Seymour Whyte Constructions Pty Ltd
(AG2016/139)

SEYMOUR WHYTE CONSTRUCTIONS CIVIL EMPLOYEE ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 25 FEBRUARY 2016

Application for approval of the Seymour Whyte Constructions Civil Employee Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Seymour Whyte Constructions Civil Employee Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Seymour Whyte Constructions Pty Ltd. The agreement is a single enterprise agreement.

[2] The Applicant 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 was approved on 25 February 2016 and, in accordance with s.54, will operate from 3 March 2016. The nominal expiry date of the Agreement is 2 March 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Seymour Whyte Constructions Civil Employee Enterprise Agreement 2016. The applicant, Seymour Whyte Constructions Pty Ltd, sought the Commission's endorsement of the agreement, which had been negotiated with the Building Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on whether the terms and conditions outlined in the proposed agreement complied with the relevant provisions of the Fair Work Act 2009.

The central legal issues for the Commission to address included whether the agreement met the statutory requirements for a modern award, specifically in relation to the protection of employees' rights, the establishment of minimum wages and conditions, and the avoidance of unfair dismissals. The Commission also had to consider whether the agreement provided for a fair and efficient workplace relationship, and whether it adhered to the principles of good faith bargaining and procedural fairness.

The Fair Work Commission assessed the application by examining the provisions of the agreement against the criteria set out in the Fair Work Act. The Commission found that the agreement contained terms that were consistent with the legislative framework, providing for the protection of employee rights and ensuring fair wages and conditions. Furthermore, the agreement was deemed to have been negotiated in good faith and adhered to the principles of procedural fairness. Consequently, the Commission approved the application and endorsed the agreement as compliant with the relevant statutory requirements.

The Fair Work Commission approved the application for the endorsement of the Seymour Whyte Constructions Civil Employee Enterprise Agreement 2016. The Commission's decision recognised the agreement as compliant with the Fair Work Act, ensuring the protection of employees' rights, fair wages and conditions, and adherence to the principles of good faith bargaining and procedural fairness.

Seymour Whyte 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