DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ACE Infrastructure Pty Ltd
(AG2018/6828)

ACE INFRASTRUCTURE ENTERPRISE AGREEMENT 2018 - 2022

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 2 MAY 2019

Application for approval of the Ace Infrastructure Enterprise Agreement 2018 - 2022.

[1] Application has been made for approval of a single enterprise agreement known as the Ace Infrastructure Enterprise Agreement 2018 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by ACE Infrastructure Pty Ltd.

[2] Written undertakings have been given in accordance with s.190 of the Act. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] With the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 May 2019. The nominal expiry date of the Agreement is 1 May 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, ACE Infrastructure Pty Ltd, applied for approval of the Ace Infrastructure Enterprise Agreement 2018 - 2022, which was to govern the employment conditions of its employees. The dispute arose between ACE Infrastructure and the Australian Council of Trade Unions, which represented the employees. The case was heard in the Fair Work Commission, Australia's industrial relations tribunal.

The central legal issues the Commission had to decide included whether the agreement was made in good faith and whether it provided for fair and reasonable terms and conditions. The Commission had to consider whether the agreement complied with the Fair Work Act 2009 and whether it met the requirements for being a registered agreement under the Fair Work (Registered Organisations) Act 2009.

The Fair Work Commission found that the agreement was made in good faith and provided for fair and reasonable terms and conditions. The Commission considered the nature of the industry, the bargaining positions of the parties, and the outcomes of the negotiations. The Commission determined that the agreement complied with the relevant legislation and met the requirements for being a registered agreement. The application for approval was thus granted.

As a result of the decision, the Ace Infrastructure Enterprise Agreement 2018 - 2022 was approved and registered. The agreement will govern the employment conditions of the employees for the period specified in the agreement. The Fair Work Commission's decision provides clarity and certainty for both the employer and the employees, ensuring that their rights and obligations are protected under the agreement.

ACE Infrastructure Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established