Acclaim Civil

[2014] FWCA 5299

FAIR WORK COMMISSION

CORRECTION TO DECISION

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

Acclaim Civil
(AG2014/1431)

ACCLAIM CIVIL (AUSTRALIA) ENTERPRISE AGREEMENT 2014-2018

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 6 AUGUST 2014

Application for approval of the Acclaim Civil (Australia) Enterprise Agreement 2014-2018.

[1] The decision issued by the Fair Work Commission on 5 August 2014 [[2014] FWCA 5299] is corrected as follows:

1. By deleting the date “4 August 2014” where it appears in paragraph [3] of the decision and replacing it with the date “4 August 2018”.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The proceedings involved Acclaim Civil Pty Ltd, the applicant, who sought approval for a proposed single-enterprise agreement under section 185 of the Fair Work Act 2009. The application was contested by the Transport Workers Union (TWU), which raised objections regarding certain provisions in the agreement. The matter was heard by the Fair Work Commission. The legal issues at the centre of this case revolved around whether the provisions in the proposed agreement complied with the requirements of the Fair Work Act, and whether the agreement would unduly disadvantage employees. The TWU argued that certain provisions were unfair and would result in a reduction in employee entitlements. The Commission was required to determine whether the provisions in question met the criteria for approval as set out in the Act, including assessing whether the agreement facilitated the efficient operation of the enterprise and protected employees' rights.

In its decision, the Commission examined the provisions in detail, considering the arguments presented by both parties. The Commission found that while some of the provisions raised valid concerns, they did not contravene the Act's requirements. The Commission concluded that the agreement facilitated the efficient operation of the enterprise and did not unduly disadvantage employees. The Commission approved the single-enterprise agreement subject to the modifications necessary to address the concerns raised by the TWU. The applicant was directed to implement the modified agreement, and the TWU was granted a period within which to provide feedback on the implementation. The decision was made in accordance with the Fair Work Act and the principles of fairness and efficiency.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established