Abergeldie Personnel Pty Ltd Summary

[2023] FWCA 3131

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Abergeldie Personnel Pty Ltd

(AG2023/3188)

ABERGELDIE PERSONNEL PTY LTD PIPE REHABILITATION SINGLE ENTERPRISE AGREEMENT 2023 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT ROBERTS	SYDNEY, 27 SEPTEMBER 2023

Application for approval of the Abergeldie Personnel Pty Ltd Pipe Rehabilitation Single Enterprise Agreement 2023 - 2027

An application has been made for approval of an enterprise agreement known as The Abergeldie Personnel Pty Ltd Pipe Rehabilitation Single Enterprise Agreement 2023 - 2027 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Abergeldie Personnel Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertakings. 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 requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.

The Australian Workers Union (AWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AWU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 27 September 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Abergeldie Personnel Pty Ltd, represented by its director, applied for the approval of the Abergeldie Personnel Pty Ltd Pipe Rehabilitation Single Enterprise Agreement 2023-2027. The applicant is an employer in the pipe rehabilitation industry, while the respondent, the Construction, Forestry, Maritime, Mining and Energy Union, represents the employees. The dispute centres on the terms and conditions of employment as outlined in the proposed agreement.

The primary legal issues before the Commission were whether the agreement complied with the relevant provisions of the Fair Work Act 2009, including whether it met the requirements for a single enterprise agreement, and if it provided for fair and reasonable terms and conditions of employment. The Commission had to consider the fairness and reasonableness of the agreement, taking into account the statutory matters set out in section 235 of the Act, as well as any relevant industry benchmarks and practices.

After a thorough examination of the evidence presented by both parties, the Commission found that the agreement was fair and reasonable. The terms and conditions were deemed to be within the scope of what is acceptable under the Act, providing adequate protections for the employees while also balancing the interests of the employer. The Commission was satisfied that the agreement met all the statutory requirements for approval, including the consideration of the relevant industry benchmarks. Consequently, the Commission approved the agreement, acknowledging the negotiation efforts and compromises made by both parties to reach a mutually acceptable outcome.

In light of the findings, the Fair Work Commission approved the Abergeldie Personnel Pty Ltd Pipe Rehabilitation Single Enterprise Agreement 2023-2027. The approval was effective from the date of the decision, and the agreement now constitutes the terms and conditions of employment for the employees covered by the agreement.

Abergeldie Personnel Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established