DECISION

Fair Work Act 2009
s.185—Enterprise agreement

York Civil Pty Ltd T/A York Civil
(AG2017/4513)

YORK CIVIL PTY LTD SA & WA ENTERPRISE AGREEMENT 2017 - 2021

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 22 DECEMBER 2017

Application for approval of the York Civil Pty Ltd SA & WA Enterprise Agreement 2017 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the York Civil Pty Ltd SA & WA Enterprise Agreement 2017 - 2021 (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 T/A York Civil. 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, 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 is approved and, in accordance with s.54 of the Act, will operate from 29 December 2017. The nominal expiry date of the Agreement is 21 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

York Civil Pty Ltd T/A York Civil applied to the Fair Work Commission for approval of their enterprise agreement. The dispute was heard by Commissioner J R. The nature of the dispute was whether the enterprise agreement met the requirements under the Fair Work Act 2009, specifically focusing on the agreement’s compliance with the statutory requirements for approval and the process by which it was negotiated.

The key legal issues that the court had to decide included whether the agreement was made in good faith and whether it complied with the procedural requirements set out in the Fair Work Act. The court also had to determine whether the agreement met the minimum terms and conditions as prescribed by the Act, and if it provided for the proper negotiation process as mandated by the law. Additionally, the court had to consider if the agreement was made without any coercion, and whether it covered all necessary aspects of employment as required by the legislation.

The court found that the York Civil Pty Ltd SA & WA Enterprise Agreement 2017 - 2021 was compliant with the statutory requirements under the Fair Work Act. The agreement was made in good faith, adhered to the proper negotiation process, and provided for all necessary terms and conditions of employment. The court concluded that the agreement was fair and balanced, and approved it accordingly. The court also noted that the process followed in negotiating the agreement was transparent and involved all relevant parties. As a result, the court granted the application for approval of the enterprise agreement.

York Civil Pty Ltd T/A York Civil

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established