DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Suffcon Pty Ltd T/A Suffcon
(AG2015/6098)

SUFFCON ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 20 NOVEMBER 2015

Application for approval of the Suffcon Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Suffcon 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 Suffcon Pty Ltd T/A Suffcon. 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 November 2015. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Suffcon Pty Ltd, trading as Suffcon, applied to the Fair Work Commission for approval of the Suffcon Enterprise Agreement 2015. The application involved considerations of whether the agreement met the statutory requirements for enterprise agreements under the Fair Work Act 2009, including provisions related to employee representation and procedural fairness.

The legal issues before the court were primarily whether the agreement had been made in good faith and whether it complied with the statutory requirements. This included examining the process by which the agreement was negotiated, whether adequate representation of the employees was ensured, and if the agreement met the criteria for being a genuine enterprise agreement.

The Fair Work Commission found that the application satisfied the requirements for approval. The Commission noted that the agreement was negotiated in good faith and that the process adhered to the necessary procedural steps. The Commission also found that the agreement was fair and reasonable, taking into account the interests of both the employer and the employees. Consequently, the Commission approved the Suffcon Enterprise Agreement 2015.

The Commission ordered that the Suffcon Enterprise Agreement 2015 be approved and registered under the Fair Work Act 2009. This decision allowed the agreement to come into effect, binding both the employer and the employees to its terms.

Suffcon Pty Ltd T/A Suffcon

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established