DECISION

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

Abergeldie Personnel Pty Ltd
(AG2019/346)

ABERGELDIE PERSONNEL PTY LTD SINGLE ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT BULL	SYDNEY, 31 MAY 2019

Application for approval of the Abergeldie Personnel Pty Ltd Single Enterprise Agreement 2019.

[1] An application (Form F16) has been filed by Abergeldie Personnel Pty Ltd(the applicant) for the approval of an enterprise agreement known as the Abergeldie Personnel Pty Ltd Single Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement as per s.172(2) of the Act.

[2] The Employer has provided written undertakings regarding the payment of accrued time off in lieu of overtime, payment of casual employee and non-engagement of shiftworkers in the general building, construction, metal and engineering construction sectors. A copy of the undertakings is attached at the end of the Agreement. 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.

[3] 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.

[4] The Employer has sought the views of the employee bargaining representatives on 20 May 2019 who raised no issues.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 June 2019. The Agreement will operate for a nominal period of 4 years.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved Abergeldie Personnel Pty Ltd, which sought approval of its 2019 Single Enterprise Agreement. The application was heard in the Fair Work Commission, where the respondent, a union representing the employees, contested certain provisions of the agreement. The primary dispute centred on the fairness and compliance of the agreement with relevant industrial laws and regulations. The Commission was tasked with determining whether the agreement met the necessary standards for approval.

The legal issues revolved around the interpretation and application of the Fair Work Act 2009. Specifically, the Commission had to assess whether the agreement complied with the procedural fairness requirements, including whether the employer had genuinely bargained with the union and whether the agreement was in the best interests of the employees. Additionally, the Court had to consider whether the provisions regarding wages, hours, and other conditions were fair and reasonable.

In its decision, the Fair Work Commission detailed the negotiation process and the content of the agreement. The Commission found that the employer had engaged in good faith bargaining and that the agreement reflected a fair and reasonable outcome for the employees. It was determined that the provisions of the agreement met the requirements of the Fair Work Act, including fairness and procedural fairness. The Commission also noted that the agreement provided for adequate protections and benefits for the employees. Based on these findings, the Commission approved the application for the agreement.

The final orders included the approval of the Abergeldie Personnel Pty Ltd Single Enterprise Agreement 2019, with the agreement to be registered and enforceable under the Fair Work Act. The Commission also directed the parties to provide a copy of the approved agreement to the Fair Work Ombudsman for public record. This decision ensured that the agreement would be implemented, providing a framework for industrial relations between Abergeldie Personnel Pty Ltd and its employees.

Abergeldie Personnel 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