Solwest Constructions Pty Ltd Summary

Note: An appeal pursuant to s.604 (C2013/4730) was lodged against this decision - refer to Full Bench decision dated 23 July 2013 [[2013] FWCFB 4911] for result of appeal.

[2013] FWCA 3197

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Solwest Constructions Pty Ltd
(AG2013/1002)

SOLWEST CONSTRUCTIONS PTY LTD SECOND TIER SITES ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 21 MAY 2013

Application for approval of the Solwest Constructions Pty Ltd Second Tier Sites Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Solwest Constructions Pty Ltd Second Tier Sites Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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 as are 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 from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Solwest Constructions Pty Ltd applied for approval of the Solwest Constructions Pty Ltd Second Tier Sites Enterprise Agreement 2013, which was to be made under section 233 of the Fair Work Act 2009. The matter was heard in the Fair Work Commission, presided over by Deputy President H M Johnstone. The dispute centred on whether the agreement met the criteria for approval under the Act, specifically whether it contained the mandatory minimum terms and conditions of employment as required by the Act, and whether it had been made genuinely in the course of good faith bargaining.

The key legal issues that the Commission had to address were whether the agreement was made in good faith and whether it contained all the mandatory minimum terms and conditions. The Commission examined the bargaining process to determine if it was conducted in good faith, and if there was evidence of genuine negotiations between the parties. Additionally, the Commission had to scrutinise the content of the agreement to ensure it included all the mandatory minimum terms and conditions as stipulated in the Fair Work Act.

The Fair Work Commission found that the agreement was made in good faith and contained all the mandatory minimum terms and conditions. The Commission noted that the bargaining process was transparent and that both parties had engaged in genuine negotiations. Furthermore, the Commission confirmed that the agreement met all the requirements of the Act, including the inclusion of the mandatory terms and conditions. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the Solwest Constructions Pty Ltd Second Tier Sites Enterprise Agreement 2013, finding that it was made in good faith and contained all the mandatory minimum terms and conditions as required by the Fair Work Act.

Solwest Constructions Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established