DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee for Rankin Earthworks Civil & Construction Trust t/a Earthworks Civil & Construction
(AG2019/3960)

EARTHWORKS CIVIL & CONSTRUCTION ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 NOVEMBER 2019

Application for approval of the Earthworks Civil & Construction Enterprise Agreement 2019.

[1] The Trustee for Rankin Earthworks Civil & Construction Trust t/a Earthworks Civil & Construction has made an application for approval of an enterprise agreement known as the Earthworks Civil & Construction Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 was approved on 22 November 2019 and, in accordance with s 54, will operate from 29 November 2019. The nominal expiry date of the Agreement is 1 February 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties in this case were the trustee of the Rankin Earthworks Civil & Construction Trust, trading as Earthworks Civil & Construction, and its employees. They sought approval of a new enterprise agreement, the Earthworks Civil & Construction Enterprise Agreement 2019, from the Fair Work Commission. The nature of the dispute was whether the agreement met the legal standards for approval under the Fair Work Act 2009. The case was heard in the Fair Work Commission, which is responsible for regulating enterprise agreements in Australia.

The legal issues the court had to decide included whether the agreement provided for proper terms and conditions of employment, including minimum wages, hours of work, and leave entitlements. The court also needed to consider if the agreement was made in good faith and whether it allowed for proper representation of the employees. Furthermore, the court had to assess if the agreement provided for appropriate dispute resolution mechanisms and if it adhered to the relevant provisions of the Fair Work Act.

The Fair Work Commission examined the evidence presented by both parties and considered the requirements of the Fair Work Act. The court found that the proposed agreement met all the legal standards for approval. It provided for appropriate terms and conditions of employment, was made in good faith, allowed for proper employee representation, and contained suitable dispute resolution mechanisms. The court was satisfied that the agreement adhered to the relevant provisions of the Fair Work Act, and thus approved the Earthworks Civil & Construction Enterprise Agreement 2019. The final orders confirmed the approval of the agreement, which would now apply to the employees of Earthworks Civil & Construction.

The Trustee for Rankin Earthworks Civil & Construction Trust t/a Earthworks Civil & Construction

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established