Ace Infrastructure Pty Ltd

[2024] FWCA 1192

[2024] FWCA 1192

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Ace Infrastructure Pty Ltd

(AG2024/843)

ACE INFRASTRUCTURE ENTERPRISE AGREEMENT 2023

Building, metal and civil construction industries
COMMISSIONER PERICA	MELBOURNE, 3 APRIL 2024

Ace Infrastructure Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the Ace Infrastructure Enterprise Agreement 2023 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

1. The Fair Work Legislation Amendment (Secure Jobs Better Pay) Act 2022 (Cth) (the Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, that commenced operation on 6 June 2023.

1. Under the transitional amendments made by Part 14 of Schedule 1 to the Amending Act, the genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The genuine agreement provisions in Part 2-4 of the Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the notification time for the agreement was before 6 June 2023. The notification time for this Agreement was 7 September 2023. It follows the Amending Act genuine agreement provisions apply.

1. Under the transitional arrangements, by Part 16 of Schedule 1 of the Amending Act, amendments made to the better off overall test requirements for agreement approval applications apply where the agreement was made on or after 6 June 2023. This Agreement was made on 13 March 2024. It follows the Amending Act better off overall test as set out in sections 193 and 193A of the Act applies.

1. I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met.

1. The Agreement is approved today 3 April 2024. It will operate from 10 April 2024 as required by section 54 of the Act. The nominal expiry date is 3 April 2028.

COMMISSIONER

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