Access Engineering Group Pty Ltd

[2022] FWCA 1172

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Access Engineering Group Pty Ltd

(AG2022/905)

Access Engineering Group Pty Ltd Enterprise Agreement 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 4 APRIL 2022

Application for approval of the Access Engineering Group Pty Ltd Enterprise Agreement 2022

Access Engineering Group Pty Ltd has made an application for the approval of an enterprise agreement known as the Access Engineering Group Pty Ltd Enterprise Agreement 2022 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declarations, 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.

The Agreement was approved on 4 April 2022 and, in accordance with s 54, will operate from 11 April 2022. The nominal expiry date of the Agreement is 4 April 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Access Engineering Group Pty Ltd sought approval of an enterprise agreement made with its employees. The respondents to the application were the Australian Council of Trade Unions and the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred around the terms and conditions of the proposed agreement, including provisions related to wages, hours of work, and other employment matters. The Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees.

The legal issues before the Commission included whether the agreement provided for fair and reasonable terms and conditions, whether it complied with the good faith bargaining provisions of the Act, and whether it was made without coercion, duress or misrepresentation. Additionally, the Commission needed to consider whether the agreement was likely to lead to improved productivity, efficiency and profitability without compromising the employees' conditions. The Commission also had to examine the fairness of the agreement's provisions in relation to the employees' wages, hours of work, and other entitlements.

In its decision, the Commission noted that the agreement provided for fair and reasonable terms and conditions for the employees, and that it complied with the good faith bargaining provisions of the Act. The Commission was satisfied that the agreement was made without coercion, duress or misrepresentation, and that it was likely to lead to improved productivity, efficiency and profitability without compromising the employees' conditions. The Commission also found that the agreement's provisions in relation to the employees' wages, hours of work, and other entitlements were fair and reasonable. After considering all the evidence and submissions, the Commission approved the Access Engineering Group Pty Ltd Enterprise Agreement 2022.

No further orders were made by the Commission. The agreement was approved as a registered agreement under the Fair Work Act 2009, and will apply to the employees of Access Engineering Group Pty Ltd from the effective date of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established