DECISION

Fair Work Act 2009
s.185—Enterprise agreement

A1 Civil Formwork Pty Ltd
(AG2019/3062)

A1 CIVIL FORMWORK PTY LTD ENTERPRISE AGREEMENT 2019 - 2022

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 6 SEPTEMBER 2019

Application for approval of the A1 Civil Formwork Pty Ltd Enterprise Agreement 2019 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the A1 Civil Formwork Pty Ltd Enterprise Agreement 2019 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by A1 Civil Formwork Pty Ltd. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 6 September 2019 and, in accordance with s.54, will operate from 13 September 2019. The nominal expiry date of the Agreement is 5 September 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of the A1 Civil Formwork Pty Ltd Enterprise Agreement 2019-2022 by the Australian Industrial Relations Commission. The dispute centred on the terms of the proposed agreement, which aimed to govern the relationship between the employer and the employees within the specified period. The application was brought forth to ensure the agreement complied with the Fair Work Act 2009 and the Fair Work Regulations 2009.

The primary legal issues before the court were whether the agreement contained terms that were unfair or that contravened the provisions of the Fair Work Act. The court had to consider if the proposed agreement met the criteria for being a "low pay" agreement, if the terms were in line with the Fair Work Act's objectives, and whether the agreement provided for appropriate dispute resolution mechanisms. Additionally, the court needed to assess whether the agreement had been genuinely negotiated between the parties.

The court meticulously reviewed the terms of the proposed agreement, ensuring that they were in compliance with the relevant legislative framework. The agreement was found to be free from unfair terms and was deemed to be genuinely negotiated. It was also concluded that the agreement did not constitute a "low pay" agreement. The court further determined that the agreement did not contravene the Fair Work Act and that it provided for suitable dispute resolution mechanisms. Consequently, the court approved the A1 Civil Formwork Pty Ltd Enterprise Agreement 2019-2022, thereby finalising the application.

A1 Civil Formwork 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