York Civil Pty Ltd Summary

[2013] FWCA 6139

FAIR WORK COMMISSION

DECISION

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

York Civil Pty Ltd
(AG2013/2229)

YORK CIVIL PTY LTD QUEENSLAND ENTERPRISE AGREEMENT 2013-2017

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 27 AUGUST 2013

Application for approval of the York Civil Pty Ltd Queensland Enterprise Agreement 2013-2017.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 5 August 2013 by York Civil Pty Ltd for the approval of a single-enterprise agreement known as the York Civil Pty Ltd Queensland Enterprise Agreement 2013-2017 (“the 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 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

York Civil Pty Ltd was the subject of an application to the Fair Work Commission for the approval of the York Civil Pty Ltd Queensland Enterprise Agreement 2013-2017. The application was brought by the Australian Workers' Union, who sought approval of the agreement under section 175 of the Fair Work Act 2009. The legal issues before the commission related to whether the agreement met the requirements for registration under the Act, specifically whether it contained the prescribed minimum terms and conditions, and whether the agreement was made in good faith and without coercion. The commission found that the agreement did indeed meet the criteria for approval, as it contained the prescribed minimum terms and conditions, and had been made in good faith. The commission noted that the agreement provided for a fair and balanced outcome for both employees and the employer, and that there was no evidence of any coercion or unfairness in the manner in which the agreement was made. The commission approved the agreement, noting that it would provide for a fair and effective system of regulating the employment relationship between York Civil Pty Ltd and its employees. The orders made by the commission were that the York Civil Pty Ltd Queensland Enterprise Agreement 2013-2017 be approved and registered under section 175 of 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