DECISION

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

Solwest Constructions Pty Ltd
(AG2020/2583)

SOLWEST CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT CROSS	SYDNEY, 13 OCTOBER 2020

Application for approval of the Solwest Constructions Pty Ltd Enterprise Agreement 2020.

[1] An application has been made for the approval of an enterprise agreement known as the Solwest Constructions Pty Ltd Enterprise Agreement 2020 (‘the Agreement’). The application was made by Solwest Constructions Pty Ltd (‘the Applicant’) pursuant to s 185 of the Fair Work Act 2009 (‘the Act’). The Agreement is a single-enterprise agreement.

[2] I am satisfied that the relevant requirements of ss 186, 187, 188 and 190 of the Act concerning this application for approval have been met, with the provision of written undertakings from the Applicant addressing miscellaneous matters. Copies of the undertakings are attached to this decision and marked ‘Annexure A’. I note that the undertakings are taken to be terms of the Agreement.

[3] The Agreement is approved and, in accordance with s 54 of the Act, will operate from seven days after the issuing of this approval decision. The nominal expiry date of the Agreement is 20 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Solwest Constructions Pty Ltd sought approval for its Enterprise Agreement 2020, which it had negotiated with the Building and Construction Union. The agreement contained provisions that deviated from the minimum entitlements provided for in the Building and Construction General On-site Award 2010. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009 for being a "better-off-overall-test" (BOOT) agreement. The court was required to determine if the proposed agreement ensured that employees were not worse off, and if it included any provisions that might unfairly disadvantage any party.

The court examined the terms of the agreement against the backdrop of the Fair Work Act and the relevant award. It scrutinised whether the provisions in the agreement provided employees with conditions that were no less favourable than those provided under the award. The court also considered whether the agreement appropriately balanced the interests of the employer and the employees, ensuring that no party was unduly prejudiced. The analysis included a detailed comparison of the minimum entitlements under the award and the terms proposed in the agreement, including any variations in pay rates, conditions, and other employment terms.

The court found that the agreement met the requirements of the Fair Work Act and did not result in any party being worse off. It approved the agreement, noting that the proposed terms provided employees with conditions that were, in many respects, better than those under the award. The agreement was found to appropriately balance the interests of the employer and employees, ensuring fairness and compliance with the statutory requirements. The court's decision was grounded in the evidence presented, which demonstrated that the agreement was a genuine attempt to improve conditions and was not designed to circumvent the protections afforded by the award.

The final orders of the court approved the Solwest Constructions Pty Ltd Enterprise Agreement 2020, subject to the terms and conditions set out in the decision. The agreement was deemed to be compliant with the Fair Work Act and was authorised to take effect from the specified date, ensuring that all parties would be bound by its terms.

Solwest Constructions 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