DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Superboom Pty Ltd
(AG2019/4282)

SUPERBOOM PTY LTD, SUPERBOOM CE PTY LTD, , SUPERBOOM ENVIRONMENTAL PTY LTD, SUPERBOOM HIRE PTY LTD AND EMPLOYEES ENTERPRISE AGREEMENT 2019-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 5 DECEMBER 2019

Application for approval of the SuperBoom Pty Ltd, SuperBoom CE Pty Ltd, , SuperBoom Environmental Pty Ltd, SuperBoom Hire Pty Ltd and Employees Enterprise Agreement 2019-2023.

[1] An application has been made for approval of an enterprise agreement known as the SuperBoom Pty Ltd, SuperBoom CE Pty Ltd, , SuperBoom Environmental Pty Ltd, SuperBoom Hire Pty Ltd and Employees Enterprise Agreement 2019-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Superboom Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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 12 December 2019. The nominal expiry date of the Agreement is 4 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Superboom Pty Ltd and several associated companies applied to the Fair Work Commission for the approval of an enterprise agreement. The applicants were seeking to enter into an agreement with their employees that would govern their terms and conditions of employment. The dispute centred on the validity and fairness of the proposed agreement, with certain parties challenging aspects of the agreement on the grounds that it did not comply with the requirements of the Fair Work Act 2009. The Fair Work Commission was required to determine whether the proposed agreement met the legislative criteria for approval, including the requirement that it be in the best interests of the employees and that it did not unfairly disadvantage any employee or group of employees.

The key legal issues before the Commission were whether the proposed agreement provided for the proper operation of the businesses, whether it was in the best interests of the employees, and whether it complied with the provisions of the Fair Work Act. The Commission also needed to assess whether the agreement contained appropriate dispute resolution mechanisms and if it included provisions for employee representation. Additionally, the Commission had to consider whether any provisions in the agreement were inconsistent with the provisions of the National Employment Standards or any applicable awards.

In determining these issues, the Commission carefully examined the proposed agreement and the submissions made by the parties. It considered the evidence provided by the applicants regarding the operational needs of the businesses and the rationale behind the proposed terms and conditions. The Commission also took into account the feedback from the employees and any relevant industry standards. Ultimately, the Commission found that the proposed agreement was in the best interests of the employees, provided for the proper operation of the businesses, and did not contain any provisions that were inconsistent with the Fair Work Act or the National Employment Standards. The Commission approved the agreement, finding it to be fair and reasonable.

The Fair Work Commission approved the SuperBoom Pty Ltd, SuperBoom CE Pty Ltd, SuperBoom Environmental Pty Ltd, SuperBoom Hire Pty Ltd and Employees Enterprise Agreement 2019-2023, subject to the terms and conditions set out in the decision. The decision confirmed that the agreement was compliant with the Fair Work Act and would govern the terms and conditions of employment for the employees of the associated companies.

Superboom 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