DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stephen Little Constructions Pty Ltd
(AG2018/235)

STEPHEN LITTLE CONSTRUCTION PTY LTD AND CFMEU ENTERPRISE AGREEMENT 2017

Tasmania
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 17 MAY 2018

Application for approval of the Stephen Little Construction Pty Ltd and CFMEU Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Stephen Little Construction Pty Ltd and CFMEU 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 Stephen Little Constructions 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 Construction, Forestry, Maritime, Mining and Energy Union 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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 17 May 2018 and, in accordance with s.54, will operate from 24 May 2018. The nominal expiry date of the Agreement is 1 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), sought the Fair Work Commission's approval of the Stephen Little Construction Pty Ltd and CFMEU Enterprise Agreement 2017. The respondent, Stephen Little Constructions Pty Ltd, opposed the application, arguing that the agreement did not meet the requirements for a modern award under the Fair Work Act 2009. The matter was heard by Deputy President Smith.

The primary legal issue before the Commission was whether the enterprise agreement complied with the statutory requirements outlined in the Fair Work Act, specifically whether it was a modern award and if it contained the necessary provisions for employee entitlements, conditions, and dispute resolution mechanisms. The respondent's opposition centred on the assertion that the agreement failed to adequately address the employees' entitlements and dispute resolution, thus failing to meet the criteria for a modern award.

In considering the application, the Commission examined the agreement's provisions and found that while it contained many elements of a modern award, it fell short in some areas, particularly in relation to employee entitlements and dispute resolution. Despite these shortcomings, the Commission determined that the agreement demonstrated a good-faith attempt by both parties to negotiate a comprehensive and fair agreement. Given the overall compliance and the positive intent behind the negotiations, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Stephen Little Construction Pty Ltd and CFMEU Enterprise Agreement 2017 as a modern award. The approval was effective from the date of the Commission's decision. The respondent's opposition was overruled, and the agreement was deemed to comply with the statutory requirements under the Fair Work Act.

Stephen Little 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