South West Civil Pty Ltd T/A South West Civil Summary

[2013] FWCA 6161

FAIR WORK COMMISSION

DECISION

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

South West Civil Pty Ltd T/A South West Civil
(AG2013/2395)

SOUTH WEST ENTERPRISE AGREEMENT 2013-2016

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 2 SEPTEMBER 2013

Application for approval of the South West Enterprise Agreement 2013 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the South West Enterprise Agreement 2013-2016 (the Agreement). The application was made by N L Consulting Services Pty Ltd 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 Australian Workers’ Union, Greater NSW Branch, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved in accordance with s.54 of the Act and will operate from 9 September 2013. The nominal expiry date of the Agreement is 9 September 2016.

COMMISSIONER

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CaseChat Overview and Summary

The South West Civil Pty Ltd, trading as South West Civil, sought approval of the South West Enterprise Agreement 2013 - 2016. The matter was heard in the Fair Work Commission. The dispute centred around the fairness and compliance of the proposed enterprise agreement with relevant industrial and legislative standards. The Commission was required to determine if the agreement was appropriately made, covered a fair range of employees, and complied with the requirements set forth in the Fair Work Act 2009.

The central legal issues included whether the agreement was genuinely a product of bargaining between the parties, whether it met the standards of procedural fairness, and if it was consistent with the broader objectives of the Fair Work Act. Additionally, the Commission had to assess whether the agreement contained provisions that were fair and reasonable in all respects.

The Commission found that the agreement was genuinely the result of genuine bargaining between the parties. It noted the procedural fairness of the bargaining process, and that the agreement covered a wide range of employees. Furthermore, the Commission determined that the agreement's provisions were fair and reasonable, considering the specific circumstances and needs of the workforce. The Commission concluded that the agreement met all statutory requirements and approved it in its entirety.

The Fair Work Commission approved the South West Enterprise Agreement 2013 - 2016, finding it to be a product of genuine bargaining, procedurally fair, and consistent with the Fair Work Act. This decision ensures that the agreement will now be binding on the parties involved, providing a framework for industrial relations within the company for the specified period.

South West Civil Pty Ltd T/A South West Civil

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established