DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Spire Access & Rigging Pty Ltd
(AG2017/1678)

SPIRE ACCESS & RIGGING PTY LTD ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	SYDNEY, 31 MAY 2017

Application for approval of the Spire Access & Rigging Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Spire Access & Rigging Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Spire Access & Rigging Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 31 May 2017 and, in accordance with s.54, will operate from 7 June 2017. The nominal expiry date of the Agreement is 31 May 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Spire Access & Rigging Pty Ltd sought approval for their 2017 Enterprise Agreement from the Fair Work Commission, which was subsequently contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on the fairness and compliance of the agreement's provisions with the Fair Work Act 2009.

The court had to decide whether the agreement was genuinely negotiated, free from coercion and undue influence, and whether it complied with the "better off overall test" as required by the Fair Work Act. The court needed to assess if the agreement provided a fair and better overall package of terms and conditions for the employees, including any pay and conditions, compared to the applicable award or safety net.

The Fair Work Commission examined the process of negotiation and the contents of the agreement. The Commission found that the agreement had been genuinely negotiated and did not involve coercion or undue influence. It also determined that the agreement met the "better off overall test" as it offered employees better pay and conditions than the minimum standards set by the applicable award. The Commission approved the agreement based on these findings, emphasising the importance of ensuring fair and equitable terms for employees.

The Fair Work Commission approved the Spire Access & Rigging Pty Ltd Enterprise Agreement 2017, confirming its compliance with the requirements of the Fair Work Act.

Spire Access & Rigging 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