DECISION

Fair Work Act 2009
s.185—Enterprise agreement

A.M. Earthmoving Pty Ltd T/A ATF The A.M. Earthmoving Trust
(AG2016/3505)

A.M. EARTHMOVING ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 19 JULY 2016

Application for approval of the A.M. Earthmoving Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the A.M. Earthmoving Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by A.M. Earthmoving Pty Ltd T/A ATF The A.M. Earthmoving Trust. The Agreement is a single enterprise agreement.

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

[3] The Agreement was approved on 19 July 2016 and, in accordance with s.54, will operate from 26 July 2016. The nominal expiry date of the Agreement is 19 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, A.M. Earthmoving Pty Ltd T/A ATF The A.M. Earthmoving Trust sought approval of the A.M. Earthmoving Enterprise Agreement 2016. The applicant sought to finalise the agreement, which had been entered into between the employer and the Transport Workers Union of Australia, after it was certified by the Australian Building and Construction Commission. The union represented employees who were engaged in earthmoving and civil construction work across various sites in New South Wales. The Commission was tasked with determining whether the agreement complied with the relevant legislative provisions, including provisions concerning its content, the process by which it was made, and its suitability for the workforce.

The central legal issues before the Commission were whether the agreement had been made in accordance with the relevant provisions of the Fair Work Act 2009, and whether it contained all the required terms and conditions of employment. The Commission considered whether the agreement was a good faith bargain, whether it complied with the mandatory terms set out in the Act, and whether it was suitable for the workforce. The Commission also examined the process by which the agreement was made, including whether the union had genuinely bargained on behalf of the employees.

The Commission found that the agreement was a genuine bargain made in good faith, and that it complied with the mandatory terms set out in the Act. The Commission also found that the agreement was suitable for the workforce, and that it contained all the required terms and conditions of employment. The Commission was satisfied that the union had genuinely bargained on behalf of the employees, and that the process by which the agreement was made was fair and reasonable. Accordingly, the Commission approved the agreement.

A.M. Earthmoving Pty Ltd T/A ATF The A.M. Earthmoving Trust

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established