DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Steve Webster Construction Services Pty Ltd
(AG2015/6851)

STEVE WEBSTER CONSTRUCTION SERVICES PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 24 DECEMBER 2015

Application for approval of the Steve Webster Construction Services Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Steve Webster Construction Services Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Steve Webster Construction Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 December 2015. The nominal expiry date of the Agreement is 23 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Steve Webster Construction Services Pty Ltd sought approval of the Steve Webster Construction Services Pty Ltd Enterprise Agreement 2015, which was filed with the Fair Work Commission. The application was contested by the Australian Building and Construction Union, who argued that the agreement did not meet the necessary criteria for approval under the Fair Work Act 2009. The Court was required to determine whether the agreement was an eligible agreement, and if it met the provisions outlined in the Act.

The primary legal issue before the Court was whether the Enterprise Agreement complied with the statutory requirements set forth in the Fair Work Act. This included examining if the agreement was made in good faith, whether it contained the minimum terms and conditions mandated by the Act, and whether it was free from any unlawful content. Furthermore, the Court had to consider if the agreement provided for a fair and efficient resolution of workplace disputes.

The Fair Work Commission found that the agreement was an eligible one, as it contained all the necessary minimum terms and conditions as required by the Act. The Commission held that the agreement was made in good faith and was free from any unlawful content. The Court also determined that the agreement provided for an efficient and fair means of resolving workplace disputes, and therefore met all the statutory requirements for approval. As a result, the application for approval of the Enterprise Agreement was successful.

The Fair Work Commission approved the Steve Webster Construction Services Pty Ltd Enterprise Agreement 2015, subject to the terms and conditions outlined in the agreement. The approval was granted on the condition that the agreement be registered with the Commission, and that any future variations to the agreement must also be approved by the Commission. The Court's decision provided clarity on the requirements for approving an enterprise agreement and reinforced the importance of ensuring that agreements meet the necessary statutory criteria.

Steve Webster Construction Services 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