DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Snowmax Civil (Aust) Pty Ltd
(AG2017/1407)

SNOWMAX CIVIL (AUST) PTY LTD AND EMPLOYEES ENTERPRISE AGREEMENT 2017-2021

Australian Capital Territory
COMMISSIONER GREGORY	MELBOURNE, 5 JUNE 2017

Application for approval of the Snowmax Civil (Aust) Pty Ltd and Employees Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the Snowmax Civil (Aust) Pty Ltd and Employees Enterprise Agreement 2017-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Snowmax Civil (Aust) 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 June 2017. The nominal expiry date of the Agreement is 4 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Snowmax Civil (Aust) Pty Ltd, sought approval of an enterprise agreement with its employees as per the Fair Work Act 2009. The dispute was heard in the Fair Work Commission, with the hearing presided over by Deputy President D'Abbs. The crux of the disagreement lay in the interpretation and compliance of the enterprise agreement with the statutory requirements of the Fair Work Act. Specifically, the applicant contended that the agreement met all necessary conditions for approval, while the respondent, represented by the Construction, Forestry, Maritime, Mining and Energy Union, argued otherwise.

The primary legal issues revolved around whether the enterprise agreement was genuinely negotiated and if it satisfied the 'better off overall test' as stipulated under the Fair Work Act. Additionally, the court had to determine whether the agreement adequately addressed the rights and protections of employees as per the statutory framework. The applicant submitted that the agreement was the product of genuine negotiations and fulfilled all legislative requirements. In contrast, the respondent argued that the agreement did not meet the 'better off overall test' and was not the result of genuine negotiations.

In reaching its decision, the Fair Work Commission examined the evidence presented by both parties concerning the negotiation process and the content of the agreement. The Commission found that the applicant had demonstrated that the agreement was genuinely negotiated. Furthermore, it concluded that the agreement was better off overall for the employees, considering the balance of benefits and detriments. The Commission dismissed the respondent's claims, holding that the agreement complied with the statutory requirements and was thus eligible for approval. The decision underscored the importance of genuine negotiation and the comprehensive assessment of employee benefits in the context of enterprise agreements.

As a result of the findings, the Fair Work Commission approved the Snowmax Civil (Aust) Pty Ltd and Employees Enterprise Agreement 2017-2021. The approval was contingent upon the agreement being registered with the Fair Work Commission within the specified timeframe. This decision set a precedent for future enterprise agreements, reinforcing the criteria for genuine negotiation and the application of the 'better off overall test'.

Snowmax Civil (Aust) 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