DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Waterway Constructions Pty Ltd
(AG2015/7045)

WATERWAY CONSTRUCTIONS QUEENSLAND REGIONAL AND CIVIL PROJECTS ENTERPRISE AGREEMENT 2015 - 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 24 DECEMBER 2015

Application for approval of the Waterway Constructions Queensland Regional and Civil Projects Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Waterway Constructions Queensland Regional and Civil Projects Enterprise Agreement 2015 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Waterway Constructions Pty Ltd. 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, 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 24 December 2015 and, in accordance with s.54, will operate from 31 December 2015. The nominal expiry date of the Agreement is 31 December 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Waterway Constructions Pty Ltd applied to the Fair Work Commission for approval of the Waterway Constructions Queensland Regional and Civil Projects Enterprise Agreement 2015-2018. The application involved parties such as Waterway Constructions Pty Ltd and the Queensland Building and Construction Employees' Union. The nature of the dispute centred around the validity and fairness of the proposed enterprise agreement, particularly concerning its provisions and adherence to the Fair Work Act 2009.

The legal issues before the court encompassed whether the enterprise agreement met the statutory requirements under the Fair Work Act 2009, including its coverage, procedural fairness, and substantive fairness. Specifically, the court had to assess whether the agreement was genuinely negotiated, the process adhered to was fair, and the terms were reasonable in the context of the employment relationship. The court also needed to determine whether the agreement appropriately balanced the interests of both the employer and the employees.

Upon reviewing the evidence and submissions, the Fair Work Commission found that the agreement was genuinely negotiated and procedurally fair. The commission also considered the terms of the agreement to be reasonable and in line with the Fair Work Act 2009. Consequently, the court approved the Waterway Constructions Queensland Regional and Civil Projects Enterprise Agreement 2015-2018, validating its provisions and allowing it to come into effect.

Waterway Constructions 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