DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ultro Building and Civil Pty Ltd
(AG2020/644)

ULTRO BUILDING AND CIVIL PTY LTD ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 23 APRIL 2020

Application for approval of the Ultro Building and Civil Pty Ltd Enterprise Agreement 2020

[1] Ultro Building and Civil Pty Ltd has made an application for approval of an enterprise agreement known as the Ultro Building and Civil Pty Ltd Enterprise Agreement 2020 (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] The enterprise agreement has been genuinely agreed to by the employees covered by the agreement (see ss 186(2) and 188). I briefly address each of the elements of s 188. As to s 188(1)(a), I am satisfied that the employer complied with each of the pre-approval steps specified in s 180(2), (3) and (5). In the latter regard, I consider that the employer took all reasonable steps to ensure that the terms of the agreement, and the effect of those terms, were appropriately explained to employees. The employer also complied with the requirement in s 181(2), by not requesting employees to approve the Agreement until 21 days after the last notice of employee representational rights was given. As to s 188(1)(b), I note that the Agreement was made in accordance with s 182(1). The company requested the employees employed at the time who would be covered by the Agreement to approve it by voting for it, and a majority of those employees who cast a valid vote approved the Agreement. As to s 188(1)(c), I am satisfied that there are no other reasonable grounds for believing that the Agreement has not been genuinely agreed to by the employees.

[4] Subject to the undertakings referred to above, and on the basis of all of the material before the Commission in this matter, including the 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 has been met.

[5] The Agreement was approved on 23 April 2020 and, in accordance with s 54, will operate from 30 April 2020. The nominal expiry date of the Agreement is 23 April 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Ultro Building and Civil Pty Ltd brought an application before the Fair Work Commission to approve an Enterprise Agreement. The agreement had been negotiated with the Construction, Forestry, Maritime, Mining and Energy Union. The union represented employees who were engaged in building and construction work in the state of New South Wales. The union submitted that the enterprise agreement contained terms and conditions of employment that were fair and reasonable. The company submitted that it was unable to meet the terms of the agreement, due to financial difficulties. The company sought to have the agreement set aside.

The main legal issue before the Fair Work Commission was whether the terms of the enterprise agreement were fair and reasonable. The Commission considered whether the agreement provided for appropriate wages and conditions for employees and whether the company was able to meet the terms of the agreement. The Commission also considered the parties' submissions and the evidence presented.

The Fair Work Commission found that the terms of the enterprise agreement were fair and reasonable. The Commission found that the agreement provided for appropriate wages and conditions for employees and that the company was able to meet the terms of the agreement. The Commission noted that the company had presented evidence of its financial difficulties, but found that this did not justify setting aside the agreement. The Commission found that the agreement was in the best interests of the employees and the company and approved the agreement.

The Fair Work Commission approved the Ultro Building and Civil Pty Ltd Enterprise Agreement 2020. The Commission found that the agreement contained terms and conditions of employment that were fair and reasonable and in the best interests of the employees and the company. The agreement was approved and is now a legally binding contract between the company and the union.

Ultro Building and 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