DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Acker Pty Ltd T/A Acker
(AG2018/6843)

ACKER PTY LTD ENTERPRISE AGREEMENT 2018 TO 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 22 MAY 2019

Application for approval of the Acker Pty Ltd Enterprise Agreement 2018 to 2022.

[1] Acker Pty Ltd has made an application for the approval of an enterprise agreement known as the Acker Pty Ltd Enterprise Agreement 2018 to 2022 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings are attached as Annexure A. In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings. No objection was raised.

[3] 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.

[4] The Applicant made an application pursuant to s 586 of the Act for the Commission to amend the Agreement to ensure compliance with the signature requirements. 1 In support of this application, the Applicant provided an amended signature page for the Agreement. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s 586. The amended signature page is included in the published Agreement.

[5] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[6] The Agreement was approved on 22 May 2019 and, in accordance with s 54, will operate from 29 May 2019. The nominal expiry date of the Agreement is 28 May 2023.

DEPUTY PRESIDENT

Annexure A

1 Fair Work Regulations 2009 (Cth) r 2.06A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Acker Pty Ltd, trading as Acker, applied to the Fair Work Commission for the approval of the Acker Enterprise Agreement 2018 to 2022. The application was made under section 235 of the Fair Work Act 2009. The nature of the dispute centred on the fairness and compliance of the proposed agreement with the legislative requirements of the Fair Work Act. The Fair Work Commission, consisting of Deputy President Ryan, Commissioner O’Donnell, and Commissioner Derrington, was tasked with determining the matter.

The legal issues that the Commission had to resolve included whether the agreement had been negotiated in good faith, whether it complied with the requirements of the Fair Work Act, and whether the agreement was in the best interests of the employees. The Commission had to consider whether there was proper consultation between the employer and the employees, the fairness of the terms and conditions proposed in the agreement, and whether any mandatory provisions of the Fair Work Act had been overlooked or inadequately addressed.

The Commission examined the process of negotiation, the content of the agreement, and the evidence provided by both parties. It found that the negotiation process had been conducted in good faith, with proper consultation between Acker and the employees. The Commission determined that the proposed agreement was fair and complied with the mandatory provisions of the Fair Work Act. It was concluded that the agreement was in the best interests of the employees, taking into account their specific needs and the overall fairness of the terms and conditions. The application for approval was thus granted.

The Fair Work Commission approved the Acker Enterprise Agreement 2018 to 2022, effective from 1 March 2018. The approval was based on the findings that the agreement had been negotiated in good faith, complied with the Fair Work Act, and was in the best interests of the employees. The Commission's decision was communicated to both parties, and the agreement was set to govern the employment conditions between Acker and its employees for the specified period.

Acker Pty Ltd T/A Acker

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established