DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sword Construction Pty Limited
(AG2016/5060)

SWORD CONSTRUCTION PTY LIMITED ENTERPRISE AGREEMENT 2016

Mining industry
COMMISSIONER GREGORY	MELBOURNE, 29 SEPTEMBER 2016

Application for approval of the Sword Construction Pty Limited Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Sword Construction Pty Limited Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sword Construction Pty Limited. 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 October 2016. The nominal expiry date of the Agreement is 28 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Sword Construction Pty Limited sought approval for the Enterprise Agreement 2016, which aimed to establish the terms and conditions for their employees. The application was made to the Fair Work Commission, where the dispute centred around whether the agreement complied with the relevant provisions of the Fair Work Act 2009. The primary issue was whether the agreement adequately protected the employees' rights and interests, specifically concerning the classification of employees and the application of certain provisions to part-time and casual workers.

The court needed to determine if the agreement was a "genuine" enterprise agreement under the Act, considering the process through which it was negotiated and the extent to which it involved genuine bargaining between the parties. It also had to assess whether the agreement provided fair terms and conditions, particularly for part-time and casual workers. The decision hinged on whether the agreement's provisions met the statutory requirements and whether it was fair and reasonable in all its aspects.

In its decision, the Fair Work Commission held that the Enterprise Agreement 2016 was indeed a genuine agreement that met the statutory requirements. The Commission found that the negotiation process was fair, and the agreement contained terms and conditions that were equitable for all employees, including part-time and casual workers. The Commission concluded that the agreement was fair and reasonable, thus approving it in accordance with the Act. Consequently, the application was successful, and the agreement was approved.

Sword Construction Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established