Walton Construction (Qld) Pty Ltd

[2013] FWCA 7

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Walton Construction (Qld) Pty Ltd
(AG2012/12995)

WALTON CONSTRUCTION (QLD) PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 2 JANUARY 2013

Application for approval of the Walton Construction (Qld) Pty Ltd Enterprise Agreement 2015.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 17 December 2012 by Walton Construction (Qld) Pty Ltd for the approval of a single-enterprise agreement known as the Walton Construction (Qld) Pty Ltd Enterprise Agreement 2015 (“the Agreement”).

[2] The Agreement was not lodged within 14 days after it was made. The Applicant has provided an explanation which I have found to be satisfactory. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Walton Construction (Qld) Pty Ltd applied for the Fair Work Commission's approval of the Enterprise Agreement 2015. The application involved a dispute between Walton Construction and the Electrical Trade Union of Australia. The court was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009 and whether it was fair and reasonable in all its terms.

The legal issues the court had to decide included whether the agreement provided for minimum rates of pay and conditions, if it contained provisions that were contrary to the public interest or contrary to the spirit of the Act, and if it complied with the procedural requirements of the Fair Work Act. Additionally, the court had to assess if the agreement was consistent with the objectives of the Act, including promoting high levels of employment, economic efficiency, and workplace harmony.

The court found that the Enterprise Agreement 2015 provided for minimum rates of pay and conditions that were not less favourable than those in the relevant award or registered agreement. The court also held that the agreement did not contain any provisions that were contrary to the public interest or the spirit of the Act. The court determined that the agreement was consistent with the objectives of the Act and was fair and reasonable in all its terms. The application for approval was subsequently granted.

The Fair Work Commission approved the Enterprise Agreement 2015 under the Fair Work Act 2009. The approval was effective from the date of the Commission's decision. The agreement was to remain in force until terminated in accordance with its provisions or until superseded by a new enterprise agreement or award.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established