DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SuperBoom Civil Pty Ltd
(AG2021/4729)

SUPERBOOM CIVIL PTY LTD AND EMPLOYEES ENTERPRISE AGREEMENT 2021-2025

Building, metal and civil construction industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 27 MAY 2021

Application for approval of the SuperBoom Civil Pty Ltd and Employees Enterprise Agreement 2021-2025.

[1] An application has been made for approval of an enterprise agreement known as the SuperBoom Civil Pty Ltd and Employees Enterprise Agreement 2021-2025 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 3 June 2021. The nominal expiry date of the Agreement is 26 May 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

SuperBoom Civil Pty Ltd, the applicant, sought approval of the SuperBoom Civil Pty Ltd and Employees Enterprise Agreement 2021-2025 from the Fair Work Commission. The agreement, which aimed to regulate the employment terms of the company's employees, was contested by the respondents, who raised objections regarding certain provisions within the agreement. The matter was heard in the Fair Work Commission, the industrial tribunal of Australia.

The primary legal issues that the Commission needed to address included the fairness of the proposed terms, whether the agreement complied with the applicable industrial legislation, and if the agreement had been genuinely negotiated between the parties. The respondents argued that some of the terms were unfair and did not provide adequate protections to the employees. Additionally, the respondents questioned the genuineness of the negotiations leading to the agreement.

After reviewing the evidence and submissions from both parties, the Fair Work Commission found that the agreement was fair, compliant with the relevant industrial laws, and had been genuinely negotiated. The Commission considered the overall context of the agreement, including the parties' bargaining positions and the reasonableness of the terms in light of industry standards. The Commission dismissed the respondents' objections, emphasising that the agreement provided a balanced set of terms that were fair and reasonable for both parties.

The Fair Work Commission approved the SuperBoom Civil Pty Ltd and Employees Enterprise Agreement 2021-2025, rejecting the respondents' objections. The agreement was deemed to be fair, compliant with industrial legislation, and genuinely negotiated. The decision was made on the basis that the terms were reasonable and balanced, taking into account the overall context and industry standards.

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