Abigroup Contractors Pty Ltd

[2013] FWCA 67

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Abigroup Contractors Pty Ltd
(AG2012/14490)

ABIGROUP SOUTHERN REGION ENGINEERING DIVISION AGREEMENT 2012-2016

Building, metal and civil construction industries
COMMISSIONER GOOLEY	MELBOURNE, 7 JANUARY 2013

Application for approval of the Abigroup Southern Region Engineering Division Agreement 2012-2016.

[1] An application has been made for approval of an enterprise agreement known as the Abigroup Southern Region Engineering Division Agreement 2012-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Abigroup Contractors Pty Ltd. The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 7 January 2013 and, in accordance with s.54, will operate from 14 January 2013. The nominal expiry date of the Agreement is 6 January 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Abigroup Contractors Pty Ltd applied to the Fair Work Commission for the approval of the Abigroup Southern Region Engineering Division Agreement 2012-2016. The applicant sought to have the agreement approved under the Fair Work Act 2009, as a simple or certified agreement. The nature of the dispute was whether the agreement met the requirements of the Act and was in the public interest.

The legal issues before the Commission were whether the agreement contained only matters that were bargainable, and whether the agreement was in the public interest. The Commission had to consider whether the agreement was a good faith bargain between the parties and whether it promoted harmonious, productive and cooperative workplace relations. The Commission also had to consider whether the agreement would have a detrimental effect on the operation of the registered organisations and whether it would be contrary to public policy.

The Commission found that the agreement contained only bargainable matters and was a good faith bargain between the parties. The Commission was satisfied that the agreement promoted harmonious, productive and cooperative workplace relations and would not have a detrimental effect on the operation of the registered organisations. The Commission also found that the agreement was not contrary to public policy and was in the public interest. The Commission approved the agreement and made orders accordingly.

The Commission ordered that the Abigroup Southern Region Engineering Division Agreement 2012-2016 be approved as a simple agreement under section 234 of the Act. The agreement was to be registered with the Commission and would have effect from 1 July 2012 until 30 June 2016, or until terminated in accordance with its terms. The agreement would apply to all employees of the applicant who were members of the respondent union.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established