Sugrue Pty Ltd

[2013] FWCA 9700

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

Sugrue Pty Ltd
(AG2013/10327)

SUGRUE CIVIL CONSTRUCTION ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 16 DECEMBER 2013

Application for approval of the Sugrue Civil Construction Enterprise Agreement 2013.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 4 December 2013 by Sugrue Pty Ltd for the approval of a Greenfields agreement known as the Sugrue Civil Construction Enterprise Agreement 2013(“the Agreement”).

[2] A statutory declaration was provided by Mr B. Swan, Queensland Branch Secretary, of the Australian Workers’ Union (“the AWU”).

[3] In light of this statutory declaration and in accordance with s.187(5)(a) of the Act, I am satisfied that the AWU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it and that it is in the public interest to approve the Agreement.

[4] On 13 December 2013 the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[5] In light of the Employer’s undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sugrue Pty Ltd, an employer, applied for approval of the Sugrue Civil Construction Enterprise Agreement 2013. The Fair Work Commission was the court that heard the application. The applicant argued that the agreement was made in good faith and was appropriate for the employees. The Australian Building and Construction Employees and Builders Labourers Federation, a union, opposed the application. The union argued that the agreement did not provide for adequate penalty rates for Sunday work and did not provide for adequate annual leave loading.

The Commission considered whether the agreement was made in good faith, and whether it was appropriate for the employees. The Commission also considered whether the agreement provided for adequate penalty rates and leave loading. The Commission found that the agreement was made in good faith and was appropriate for the employees. The Commission found that the agreement provided for adequate penalty rates and leave loading.

The application was approved. The Commission found that the agreement was fair and reasonable, and met the requirements of the Fair Work Act. The Commission also found that the agreement provided for adequate penalty rates and leave loading. The Commission approved the agreement and directed that it be registered.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established