Abyss Construction Summary

[2022] FWCA 4322

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Abyss Construction

(AG2022/5039)

Abyss Construction Pty Ltd Enterprise Agreement 2022

Building, metal and civil construction industries
COMMISSIONER YILMAZ	MELBOURNE, 9 DECEMBER 2022

Application for approval of the Abyss Construction Pty Ltd Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Abyss Construction Pty Ltd 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 Abyss Construction. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Agreement is approved and in accordance with s.54, will operate from 16 December 2022. The nominal expiry date of the Agreement is 9 December 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Abyss Construction Pty Ltd applied for approval of the 2022 Enterprise Agreement. The company sought to implement a new agreement that would replace the existing one, which was due to expire. The dispute centred on the fairness and compliance of the new agreement with the relevant federal workplace laws.

The central legal issue was whether the proposed Enterprise Agreement complied with the requirements of the Fair Work Act 2009, specifically regarding its procedural fairness and the substantive terms and conditions. The Commission had to consider whether the agreement had been made in good faith, whether it had been properly negotiated, and whether it contained terms that were fair and reasonable.

The Commission found that the agreement was procedurally fair and had been negotiated in good faith. The terms and conditions of the agreement were also deemed to be fair and reasonable. The Commission noted the efforts made by the parties to negotiate the agreement and the fact that it included provisions that were beneficial to both employers and employees. The Commission concluded that the agreement was compliant with the requirements of the Act and approved the Enterprise Agreement.

The Fair Work Commission approved the Abyss Construction Pty Ltd Enterprise Agreement 2022. The new agreement will replace the existing one, which was due to expire, and will govern the terms and conditions of employment for the employees of the company.

Abyss Construction

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established