Aaci Installation Services Pty Ltd

[2022] FWCA 4382

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Aaci Installation Services Pty Ltd

(AG2022/4938)

AACI Installation Services Pty Ltd and CFMMEU Manufacturing Division Enterprise Agreement 2022

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 13 DECEMBER 2022

Application for approval of the AACI Installation Services Pty Ltd and CFMMEU Manufacturing Division Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the AACI Installation Services Pty Ltd and CFMMEU Manufacturing Division Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Aaci Installation Services Pty Ltd. The Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of 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 Construction, Forestry, Maritime, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 December 2022. The nominal expiry date of the Agreement is 28 February 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Aaci Installation Services Pty Ltd, which sought approval of an enterprise agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) Manufacturing Division. The matter was heard by the Fair Work Commission, Australia's independent national workplace relations tribunal. The primary issue before the Commission was whether the enterprise agreement complied with the relevant statutory requirements under the Fair Work Act 2009. This included assessing whether the agreement contained all the necessary minimum terms and conditions, and if it was free from prohibited content.

The Commission considered whether the agreement met the statutory minimum standards, including provisions for minimum wages, penalty rates, leave entitlements, and other basic employment terms. Additionally, the Commission examined if the agreement contained any terms that were prohibited by the Fair Work Act, such as those that would undermine the operation of industrial laws or the rights of employees. The Commission also reviewed the process by which the agreement was negotiated and agreed upon, ensuring it complied with procedural fairness and that the agreement was genuinely made between the parties.

In reaching its decision, the Commission determined that the enterprise agreement was in compliance with all statutory requirements. It found that the agreement included all necessary minimum terms and conditions and did not contain any prohibited content. The Commission was satisfied with the negotiation process and concluded that the agreement was genuinely made between the parties. Therefore, the Fair Work Commission approved the enterprise agreement between Aaci Installation Services Pty Ltd and the CFMEU Manufacturing Division.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established