York Civil Pty Ltd Summary

[2013] FWCA 7271

FAIR WORK COMMISSION

DECISION

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

York Civil Pty Ltd
(AG2013/2785)

YORK CIVIL PTY LTD SA & WA ENTERPRISE AGREEMENT 2013 - 2017

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 23 SEPTEMBER 2013

Application for approval of the York Civil Pty Ltd SA & WA Enterprise Agreement 2013 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the York Civil Pty Ltd SA & WA Enterprise Agreement 2013 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by York Civil Pty Ltd. The Agreement is a single-enterprise agreement.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 October 2013. The nominal expiry date of the Agreement is 6 September 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

York Civil Pty Ltd was the applicant in an application seeking approval of the York Civil Pty Ltd SA & WA Enterprise Agreement 2013-2017. The applicant, a civil construction company, sought approval from the Fair Work Commission (FWC) to ensure the agreement met the necessary standards and requirements under the Fair Work Act 2009. The legal issues that the FWC was required to decide involved whether the agreement was in the interests of employees and whether it complied with the relevant provisions of the Act. Specifically, the FWC needed to determine if the agreement provided for adequate minimum terms and conditions, ensured procedural fairness, and aligned with the objectives of the Act.

The FWC found that the York Civil Pty Ltd SA & WA Enterprise Agreement 2013-2017 was in the interests of the employees. The FWC considered the terms of the agreement, which included provisions for wages, hours of work, leave, and other employment conditions. The FWC was satisfied that the agreement provided for adequate minimum terms and conditions and that it was procedurally fair. The FWC also found that the agreement aligned with the objectives of the Act, including promoting high levels of employment and providing for fair and productive workplace relations. The FWC approved the York Civil Pty Ltd SA & WA Enterprise Agreement 2013-2017.

The final orders of the FWC included approving the York Civil Pty Ltd SA & WA Enterprise Agreement 2013-2017, effective from 1 July 2013, and continuing in force until 30 June 2017. The FWC also ordered that the agreement be registered with the Registrar of the Fair Work Commission. The FWC noted that the agreement would provide for fair and productive workplace relations and promote high levels of employment in the civil construction industry. The FWC's decision provided certainty and stability for both the applicant and its employees, and ensured compliance with the Fair Work Act 2009.

York Civil Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established