DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ace Construction & Rigging Pty Ltd; ACA - Ace Construction Australia Pty Ltd; ACECON Pty Limited
(AG2015/3314)

ACA - ACE CONSTRUCTIONS AUSTRALIA PTY LTD, ACE CONSTRUCTION & RIGGING PTY LTD & ACECOM PTY LIMITED ENTERPRISE AGREEMENT 2015-2018

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 13 AUGUST 2015

Application for approval of the ACA - Ace Constructions Australia Pty Ltd, Ace Construction & Rigging Pty Ltd & ACECOM Pty Limited Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the ACA - Ace Constructions Australia Pty Ltd, Ace Construction & Rigging Pty Ltd & ACECOM Pty Limited Enterprise Agreement 2015-2018 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Ace Construction & Rigging Pty Ltd; ACA - Ace Construction Australia Pty Ltd and ACECON Pty Limited. The agreement is a multi enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 20 August 2015. The nominal expiry date of the Agreement is 20 August 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved a dispute concerning the approval of the Enterprise Agreement 2015-2018 for Ace Construction & Rigging Pty Ltd, ACA - Ace Constructions Australia Pty Ltd, and ACECOM Pty Limited. The application was made before the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009. The Commission was tasked with determining whether the agreement met the necessary criteria for approval, including compliance with the statutory requirements and fairness to the parties involved.

The primary legal issues the Commission had to address were whether the Enterprise Agreement met the procedural and substantive requirements set out in the Fair Work Act. This included verifying if the agreement was made in good faith, if it included the necessary minimum terms and conditions, and if it was fairly and properly negotiated. Additionally, the Commission needed to ensure that the agreement did not undermine the safety and health provisions and that it complied with other relevant legislative frameworks.

The Fair Work Commission concluded that the Enterprise Agreement 2015-2018 complied with the statutory requirements and was fair and reasonable in all its terms. The Commission found that the agreement had been negotiated in good faith and included all the minimum terms and conditions mandated by the Fair Work Act. Furthermore, the Commission was satisfied that the agreement did not compromise employee safety and health and adhered to all relevant legislative standards. Therefore, the Commission approved the agreement.

The Fair Work Commission ordered the approval of the Enterprise Agreement 2015-2018 for Ace Construction & Rigging Pty Ltd, ACA - Ace Constructions Australia Pty Ltd, and ACECOM Pty Limited, effective from the date of the Commission's decision. This approval was contingent upon the agreement being registered with the Fair Work Commission in accordance with the statutory provisions.

Ace Construction & Rigging Pty Ltd; ACA - Ace Construction Australia Pty Ltd; ACECON Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established