Stephen Little Constructions Pty Ltd

[2024] FWCA 3924

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Stephen Little Constructions Pty Ltd

(AG2024/4107)

STEPHEN LITTLE CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT (TASMANIA) 2024 - 2028

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 NOVEMBER 2024

Application for approval of the Stephen Little Constructions Pty Ltd Enterprise Agreement (Tasmania) 2024 - 2028

Stephen Little Constructions Pty Ltd has made an application for approval of an enterprise agreement known as the Stephen Little Constructions Pty Ltd Enterprise Agreement (Tasmania) 2024 - 2028 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

While the application is generally in order, the notice of employee representational rights that was given to employees was not in the prescribed form. However, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(5)(a) and that the employees covered by the Agreement are not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188 of the Act.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The Construction, Forestry and Maritime Employees Union (CFMEU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the CFMEU.

The Agreement was approved on 11 November 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Stephen Little Constructions Pty Ltd, sought approval of an enterprise agreement from the Fair Work Commission. The enterprise agreement, which was proposed to cover the period from 2024 to 2028, was intended to establish the terms and conditions of employment for employees within the company. The nature of the dispute centred around the provisions of the proposed agreement and whether it complied with relevant industrial laws and provided for fair and reasonable terms.

The legal issues before the court involved determining whether the enterprise agreement met the requirements set out in the Fair Work Act 2009, including whether it was made in good faith and whether it provided for minimum rates of pay and conditions. The court also needed to assess if the agreement covered the appropriate bargaining unit and whether it provided for the proper process for resolving disputes between the employer and employees.

The Fair Work Commission found that the enterprise agreement was made in good faith and met the requirements of the Fair Work Act. The court considered the evidence presented by both parties and found that the agreement provided for minimum rates of pay and conditions that were fair and reasonable. The agreement was deemed to cover the appropriate bargaining unit, and the court was satisfied with the processes outlined for resolving disputes. Based on these findings, the commission approved the Stephen Little Constructions Pty Ltd Enterprise Agreement (Tasmania) 2024 - 2028.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established