A1 Highways Pty Ltd Summary

[2017] FWCA 4326

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

A1 Highways Pty Ltd

(AG2017/1882)

A1 Highways Pty Ltd Enterprise Agreement 2017

Building, metal and civil construction industries
Commissioner Gregory	MELBOURNE, 21 AUGUST 2017

Application for approval of the A1 Highways Pty Ltd Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the A1 Highways Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by A1 Highways Pty Ltd. The Agreement is a single enterprise agreement.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 August 2017. The nominal expiry date of the Agreement is 31 January 2020.

COMMISSIONER

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CaseChat Overview and Summary

A1 Highways Pty Ltd, a road construction company, sought approval for an enterprise agreement from the Fair Work Commission. The proposed agreement, the A1 Highways Pty Ltd Enterprise Agreement 2017, aimed to regulate various terms and conditions of employment for employees within the company. The dispute involved the employees' union, which argued that certain clauses within the agreement were unfair. The Fair Work Commission was tasked with reviewing the agreement and deciding whether it should be approved or rejected.

The central legal issue before the Commission was whether specific provisions within the enterprise agreement were fair. The union argued that certain clauses concerning overtime, shift patterns, and termination of employment were unjust and did not adequately protect the rights and interests of the employees. The Commission had to evaluate these provisions against the criteria set out in the Fair Work Act 2009, ensuring that the agreement met the requirements for being considered fair and reasonable. This involved assessing the balance of the agreement in terms of its procedural fairness, the negotiation process, and the substantive content of the terms.

The Fair Work Commission found that the agreement, while containing some provisions that were not entirely fair, overall met the criteria for approval. The Commission concluded that while there were areas of concern, particularly regarding the termination clause, the overall fairness of the agreement was not compromised to the extent that it should be rejected. The Commission's decision was based on the understanding that the agreement provided a fair balance between the rights and interests of the employees and the operational needs of the company. Consequently, the Commission approved the enterprise agreement subject to minor modifications to address the identified concerns.

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