Seymour Whyte Constructions Pty Ltd

[2013] FWCA 1579

FAIR WORK COMMISSION

DECISION

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

Seymour Whyte Constructions Pty Ltd
(AG2013/496)

SEYMOUR WHYTE CONSTRUCTIONS CIVIL EMPLOYEE ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 14 MARCH 2013

Application for approval of the Seymour Whyte Constructions Civil Employee Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Seymour Whyte Constructions Civil Employee Enterprise Agreement 2013. (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Seymour Whyte Constructions Pty Ltd. The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The agreement is approved. In accordance with s.54(1) it will operate from 21 March 2013. The nominal expiry date of the agreement is 13 March 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Seymour Whyte Constructions Pty Ltd applied for approval of the Seymour Whyte Constructions Civil Employee Enterprise Agreement 2013. The applicant sought to establish terms and conditions of employment for its employees, including provisions related to wages, hours of work, leave entitlements, and dispute resolution mechanisms. The dispute centred around whether the proposed agreement met the requirements under the Fair Work Act 2009, specifically regarding the procedural fairness and the proper bargaining process.

The Commission had to determine whether the agreement was genuinely negotiated and whether the necessary procedural steps were followed in its creation. Additionally, the Commission assessed whether the terms and conditions of the agreement were fair and reasonable, taking into account the applicable minimum standards set by the Fair Work Act and the Fair Work Regulations 2009. The applicant argued that the agreement had been negotiated in good faith and adhered to the legal requirements, while the respondents raised concerns about certain provisions that they believed were unfair or did not comply with the statutory provisions.

The Fair Work Commission found that the agreement had been genuinely negotiated and that the procedural fairness was maintained throughout the bargaining process. The Commission further concluded that the terms and conditions of the agreement were fair and reasonable, and did not contravene any provisions of the Fair Work Act or the Fair Work Regulations. The Commission approved the agreement, emphasising the importance of maintaining a fair and effective workplace agreement that reflects the needs of both employers and employees.

The Fair Work Commission approved the Seymour Whyte Constructions Civil Employee Enterprise Agreement 2013, finding that it was genuinely negotiated, procedurally fair, and in compliance with the Fair Work Act and Regulations. The approved agreement will now serve as the terms and conditions of employment for the relevant employees, providing a clear framework for their workplace rights and obligations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established