Acker Pty Ltd T/A Acker Pty Ltd Summary

[2022] FWCA 2640

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Acker Pty Ltd T/A Acker Pty Ltd

(AG2022/1922)

ACKER PTY LTD ENTERPRISE AGREEMENT 2022 TO 2026

Building services
COMMISSIONER P RYAN	SYDNEY, 4 AUGUST 2022

Application for approval of the Acker Pty Ltd Enterprise Agreement 2022 to 2026

Acker Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Acker Pty Ltd Enterprise Agreement 2022 to 2026 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

The Employer provided written undertakings. 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. The undertakings are taken to be a term of the Agreement

Sections 186, 187 and 188

Subject to the undertakings referred to above, 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.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 August 2022. The nominal expiry date of the Agreement is 3 August 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Acker Pty Ltd, trading as Acker Pty Ltd, sought approval for its enterprise agreement 2022 to 2026. The application was made to the Fair Work Commission, which was required to consider the fairness of the agreement under the Fair Work Act 2009. The dispute arose from negotiations between the employer and the employees' representatives, which culminated in the proposed enterprise agreement. The Commission had to assess whether the agreement was fair and whether it met the legal criteria for approval.

The primary legal issues the Commission addressed were whether the agreement satisfied the requirements of the Fair Work Act, including whether it was made in good faith, and whether it included the essential terms and was not contrary to public policy. Additionally, the Commission examined whether the agreement was procedurally fair, taking into account the processes followed during its negotiation. The Commission also considered the impact of the agreement on the employees and the employer and whether it provided a fair and reasonable outcome for both parties.

In determining the fairness of the agreement, the Commission evaluated the evidence presented by both parties, including the negotiation process, the terms of the agreement, and the impact on employees and the employer. The Commission concluded that the agreement was made in good faith and satisfied the essential terms. It found that the negotiation process was procedurally fair, and the agreement did not contravene public policy. The Commission also determined that the agreement provided a fair and reasonable outcome for both parties, taking into account the overall circumstances and the interests of the employees and the employer.

The Commission approved the Acker Pty Ltd Enterprise Agreement 2022 to 2026, finding it to be fair and in compliance with the Fair Work Act. The approval ensures that the agreement will be legally binding on the parties and will govern the employment conditions for the specified period. This decision affirms the importance of good faith negotiations and the need for enterprise agreements to meet the statutory requirements for approval.

Acker Pty Ltd T/A Acker Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established