DECISION

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

SJD Project Management
(AG2015/108)

SJD PROJECT MANAGEMENT PTY LTD ENTERPRISE AGREEMENT 2014 - 2018

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 11 MARCH 2015

Application for approval of the SJD Project Management Pty Ltd Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known asthe SJD Project Management Pty Ltd Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SJD Project Management (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 11 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

SJD Project Management Pty Ltd sought approval of an enterprise agreement from the Fair Work Commission (FWC). The proposed agreement was to cover employees who were members of the Building and Construction General On-Site Workers (Victorian & Tasmania) Enterprise Agreement 2010 and the Building and Construction General On-Site Workers (Tasmanian) Enterprise Agreement 2010. The dispute centred around whether the proposed agreement met the requirements under the Fair Work Act 2009 for an enterprise agreement to be approved.

The central legal issues the FWC considered were whether the agreement was made in good faith, whether it complied with the provisions of the Act, and whether it provided for a modern workplace. The applicant argued that the agreement was a product of good faith bargaining and provided for a modern workplace. The applicant also submitted that the agreement did not include any terms that were not reasonably required for the purposes of the agreement or for a modern workplace. The respondents raised concerns that certain terms in the agreement were not reasonably required for a modern workplace.

The FWC found that the agreement was made in good faith and provided for a modern workplace. The FWC noted that the agreement was the product of extensive and robust negotiations between the parties. The FWC also found that the agreement contained terms that were reasonably required for a modern workplace. The FWC considered the evidence and submissions from both parties and concluded that the agreement was appropriate for approval.

The FWC approved the SJD Project Management Pty Ltd Enterprise Agreement 2014-2018. The Commission found that the agreement met the requirements of the Act and was appropriate for approval. The FWC accepted that the agreement was made in good faith and provided for a modern workplace. The FWC also found that the agreement contained terms that were reasonably required for a modern workplace. The applicant's application was therefore approved.

SJD Project Management

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established