Solwest Constructions Pty Ltd

[2013] FWCA 9601

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Solwest Constructions Pty Ltd
(AG2013/10041)

SOLWEST CONSTRUCTION PTY LTD ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	BRISBANE, 5 DECEMBER 2013

Application for approval of the Solwest Construction PTY LTD Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Solwest Construction PTY LTD Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Solwest Constructions 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 was approved on 5 December 2013 and, in accordance with s.54, will operate from 12 December 2013. The nominal expiry date of the Agreement is 5 December 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Solwest Constructions Pty Ltd, applied to the Fair Work Commission for approval of the Solwest Constructions Pty Ltd Enterprise Agreement 2013. The dispute centred around the terms of the agreement, particularly those related to the classification and remuneration of employees. The matter was heard by the Fair Work Commission, an Australian government body responsible for the administration and enforcement of workplace laws.

The primary legal issues that the Commission had to decide were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. This included determining if the agreement contained all the mandated terms, whether it was free from any unlawful content, and if it ensured that employees were not disadvantaged because of their employment. The Commission also needed to consider if the agreement had been fairly negotiated and if it complied with the process requirements stipulated by the Act.

The Fair Work Commission, after examining the agreement and the evidence presented, determined that the Solwest Constructions Pty Ltd Enterprise Agreement 2013 complied with the requirements of the Fair Work Act 2009. The Commission found that the agreement was free from any unlawful content and that it had been fairly negotiated. The agreement was also found to ensure that employees were not worse off than they would have been under the applicable award or agreement. Consequently, the Commission approved the agreement.

The Fair Work Commission ordered that the Solwest Constructions Pty Ltd Enterprise Agreement 2013 be approved as a registered agreement under the Fair Work Act 2009. This decision allows the agreement to come into effect from the date of registration, providing a legally binding framework for the employment terms and conditions of the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established