A1 Highways Pty Ltd Summary

[2014] FWCA 3247

FAIR WORK COMMISSION

DECISION

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

A1 Highways Pty Ltd
(AG2014/973)

A1 HIGHWAYS PTY LTD ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 21 MAY 2014

Application for approval of the A1 Highways Pty Ltd Enterprise Agreement 2014.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 29 April 2014 by A1 Highways Pty Ltd for the approval of a single-enterprise agreement known as the A1 Highways Pty Ltd Enterprise Agreement 2014(“the Agreement”).

[2] The Agreement was not lodged within 14 days after it was made. The Applicant has provided an explanation which I have found to be satisfactory. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application.

[3] On 20 May 2014, the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[4] In light of the employer’s undertaking, 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.

[5] The consultation clause does not conform with s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement.

[6] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

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CaseChat Overview and Summary

A1 Highways Pty Ltd sought approval of their Enterprise Agreement 2014 before the Fair Work Commission. The dispute centred on whether the proposed terms and conditions in the agreement were fair and reasonable, in accordance with the Fair Work Act 2009. The company argued that the agreement was necessary to reflect the current working conditions and to ensure the competitiveness of their business. Various employee representatives contended that certain provisions were unfair and did not adequately protect the workers' rights and entitlements.

The court was tasked with determining whether the proposed enterprise agreement met the 'better off overall test', which requires that employees be no worse off financially and at least as well off in other respects. Additionally, the court had to assess whether the agreement contained provisions that were contrary to public policy or that failed to provide adequate safeguards for employees. This included scrutiny of the agreement's provisions on pay rates, working hours, and dispute resolution mechanisms.

In its decision, the Fair Work Commission found that the enterprise agreement did not fully meet the better off overall test, as it contained provisions that were deemed unfair to employees. The court highlighted specific clauses that reduced certain entitlements and failed to provide adequate protections. Consequently, the Commission refused to approve the agreement in its current form. The Commission mandated that the parties revisit the agreement, with a focus on ensuring that employees were not disadvantaged and that their rights were adequately protected.

The Commission's final order required the parties to re-negotiate the enterprise agreement to address the identified shortcomings and to submit a revised version for approval. This decision underscores the importance of ensuring that enterprise agreements are fair and balanced, reflecting the interests of both employers and employees.

A1 Highways Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established