DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Simpson Construction Company Pty Ltd
(AG2016/2816)

SIMPSON CONSTRUCTION COMPANY PTY LTD ENTERPRISING BARGAINING AGREEMENT

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 17 MAY 2016

Application for approval of the Simpson Construction Company Pty Ltd Enterprising Bargaining Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Simpson Construction Company Pty Ltd Enterprising Bargaining Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Simpson Construction Company 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, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 May 2016. The nominal expiry date of the Agreement is 1 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Simpson Construction Company Pty Ltd brought an application before the Fair Work Commission seeking approval of an Enterprise Bargaining Agreement. The agreement in question involved a collective bargaining arrangement between the company and its employees. The dispute centred around whether the proposed terms and conditions within the agreement complied with the applicable industrial relations legislation and whether they were fair and reasonable.

The court was tasked with determining whether the proposed Enterprise Bargaining Agreement met the statutory requirements under the Fair Work Act 2009. This included assessing whether the agreement provided for a fair and equitable balance of rights and obligations between the parties, and whether it adhered to the provisions for bargaining in good faith and without coercion. Additionally, the court needed to examine whether the agreement appropriately addressed matters such as wages, hours of work, and other conditions of employment in a manner that was consistent with the broader objectives of the Fair Work Act.

In considering the application, the Fair Work Commission examined the specific provisions of the proposed agreement and evaluated them against the legislative framework. The Commission concluded that the agreement was fair and reasonable, meeting all statutory requirements. It was determined that the agreement appropriately balanced the interests of both the employer and employees and was negotiated in good faith. As such, the Commission approved the Simpson Construction Company Pty Ltd Enterprise Bargaining Agreement, finding it to be compliant with the Fair Work Act 2009.

Simpson Construction Company 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