DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Simeonov Civil Engineering Pty Ltd
(AG2015/4464)

SIMEONOV CIVIL ENGINEERING PTY LTD ENTERPRISE AGREEMENT 2015-2019

Australian Capital Territory
COMMISSIONER ROE	MELBOURNE, 2 SEPTEMBER 2015

Application for approval of the Simeonov Civil Engineering Pty Ltd Enterprise Agreement 2015-2019

[1] An application has been made for approval of an enterprise agreement known as the Simeonov Civil Engineering Pty Ltd Enterprise Agreement 2015-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Simeonov Civil Engineering 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 2 September 2015 and, in accordance with s.54, will operate from 9 September 2015. The nominal expiry date of the Agreement is
2 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Simeonov Civil Engineering Pty Ltd, the Fair Work Commission was presented with an application to approve the 2015-2019 Enterprise Agreement between the employer and its employees. The dispute centred around the agreement's terms and conditions, with the Fair Work Commission tasked with determining whether the agreement complied with the relevant industrial laws and whether it was in the best interests of the employees.

The primary legal issues revolved around the provisions of the Fair Work Act 2009, which requires that enterprise agreements must be certified as "not detrimental" to employees and that they must meet specific procedural requirements. The Commission needed to examine the agreement's contents, including wages, working hours, and other employment conditions, to ensure they did not adversely affect the employees' rights and entitlements.

After reviewing the agreement and hearing submissions from both parties, the Fair Work Commission found that the agreement complied with the necessary legal standards. The Commission determined that the agreement was not detrimental to the employees and met all procedural requirements under the Fair Work Act. Consequently, the Commission approved the Simeonov Civil Engineering Pty Ltd Enterprise Agreement 2015-2019. This decision provided clarity and certainty for both the employer and the employees, ensuring that the agreement would govern their relationship during the specified period.

Simeonov Civil Engineering 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