DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SuperBoom Civil Pty Ltd
(AG2016/546)

SUPERBOOM CIVIL PTY LTD ENTERPRISE AGREEMENT 2015-2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 28 APRIL 2016

Application for approval of the SuperBoom Civil Pty Ltd Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the SuperBoom Civil Pty Ltd Enterprise Agreement 2015-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SuperBoom Civil 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] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 May 2016. The nominal expiry date of the Agreement is 27 April 2020.

COMMISSIONER

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CaseChat Overview and Summary

SuperBoom Civil Pty Ltd applied to the Fair Work Commission for approval of the SuperBoom Civil Pty Ltd Enterprise Agreement 2015-2019. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union, which represented some of the employees. The matter was heard by the Commission and determined by Commissioner Wilson. The legal issues to be decided were whether the agreement complied with the requirements of the Fair Work Act 2009, including whether it contained a genuine enterprise agreement, and whether it was made in accordance with the relevant bargaining processes.

The Commission considered whether the agreement was a genuine enterprise agreement, taking into account the definition in section 172 of the Fair Work Act. The Commission found that the agreement met the requirements of the Act, including that it was made by the employer and the relevant employees, and that it was in writing. The Commission also considered whether the agreement was made in accordance with the relevant bargaining processes, and whether there was any coercion or other unfairness in the bargaining process. The Commission found that the agreement was made in accordance with the bargaining processes set out in the Act, and that there was no evidence of coercion or other unfairness.

Based on the evidence and arguments presented, the Commission determined that the SuperBoom Civil Pty Ltd Enterprise Agreement 2015-2019 complied with the requirements of the Fair Work Act. The Commission approved the agreement and made it a registered agreement. The Commission noted that the agreement contained provisions relating to wages, conditions of employment, and other matters, and that it provided for a modern and fair workplace. The Commission also noted that the agreement was made in good faith and without coercion or other unfairness. The decision of the Commission is final and binding, and the agreement is now in effect.

SuperBoom Civil 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