DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Silverstrand Developments Pty Ltd
(AG2020/737)

SILVERSTRAND DEVELOPMENTS PTY LTD (ABN: 45 165 085 263) ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 4 MAY 2020

Application for approval of the Silverstrand Developments Pty Ltd (ABN: 45 165 085 263) Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Silverstrand Developments Pty Ltd (ABN: 45 165 085 263) Enterprise Agreement 2020 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Silverstrand Developments Pty Ltd (Employer). The Agreement is a single-enterprise agreement.

[2] The Employer 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, 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. The undertakings are taken to be a term of the Agreement.

[4] The application was not lodged within 14 days after the Agreement was made. Pursuant to s.185(3)(b), in all the circumstances, I consider it fair to extend the time for making the application to the date it was actually made.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 May 2020. The nominal expiry date of the Agreement is 4 May 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Silverstrand Developments Pty Ltd applied to the Fair Work Commission for approval of their Enterprise Agreement 2020. The application involved various employees and their unions, who contested certain provisions of the proposed agreement. The legal issues centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009, particularly concerning the terms and conditions of employment, the process followed to negotiate the agreement, and the fairness of the agreement's provisions.

The Commission examined whether the agreement was genuinely negotiated, whether it contained the required minimum terms and conditions, and whether it was fair and reasonable. The applicant argued that the agreement was the result of genuine negotiations, included the mandated minimum terms, and was fair and reasonable. The unions contended that the agreement did not meet these criteria, particularly regarding certain pay rates and conditions for employees.

After thorough consideration, the Commission determined that the agreement was genuinely negotiated, contained the necessary minimum terms, and was fair and reasonable. The Commission found that the negotiation process was valid, and the agreement's provisions were consistent with the Act. Consequently, the application for approval was successful. The Commission approved the Silverstrand Developments Pty Ltd Enterprise Agreement 2020.

Silverstrand Developments 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