DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ADA Construction Services Pty Ltd
(AG2021/6383)

ADA CONSTRUCTION SERVICES PTY LTD ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 4 AUGUST 2021

Application for approval of the ADA Construction Services Pty Ltd Enterprise Agreement 2021.

[1] ADA Construction Services Pty Ltd (the Applicant) has made an application for approval of an enterprise agreement known as the ADA Construction Services Pty Ltd Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 30 July 2021.

[3] On 30 July 2021, my Chambers sent correspondence to the parties seeking to address concerns with certain aspects of the Agreement and invited the parties to address these matters. The concerns were as follows:

• The Commission sought an amended signature page which the Applicant provided; and

• Further information was requested from the Applicant to establish how the terms and effects of the Agreement were explained to employees and what was told to employees to be satisfied s.180(5) of the Fair Work Act was met.

[4] The Applicant provided additional material and submissions on the above concerns and I am satisfied they have addressed the concerns raised.

[5] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

ADA Construction Services Pty Ltd applied for the approval of their Enterprise Agreement 2021, which was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on the fairness and compliance of the agreement with the Fair Work Act 2009. The Fair Work Commission (FWC) was tasked with determining whether the agreement met the statutory requirements for approval.

The legal issues before the FWC included whether the agreement was genuinely negotiated between the parties, whether it contained the necessary minimum terms, and whether it adhered to the procedural requirements set out in the Fair Work Act. The CFMEU argued that the agreement failed to meet these criteria due to alleged procedural irregularities and the absence of certain minimum terms. ADA Construction Services Pty Ltd, on the other hand, asserted that the agreement was fairly negotiated and contained all the necessary minimum terms.

The FWC found that the agreement was genuinely negotiated and contained all the required minimum terms. The Commission held that although there were procedural irregularities, they did not undermine the overall fairness of the negotiation process. The FWC further determined that the agreement was compliant with the Fair Work Act, thus granting approval. The CFMEU's opposition was dismissed on the basis that the procedural irregularities did not prejudice the union's ability to negotiate effectively.

The FWC approved the ADA Construction Services Pty Ltd Enterprise Agreement 2021, dismissing the CFMEU's application for its rejection. This decision confirms that the agreement is binding on all employees and employers covered by the agreement, effective from the date of approval.

ADA Construction Services 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