DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Adamini Construction Pty Ltd
(AG2020/1967)

J ADAMINI FORMWORK ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 1 SEPTEMBER 2020

Application by Adamini Construction Pty Ltd for approval of the J Adamini Formwork Enterprise Agreement 2020.

[1] Adamini Construction Pty Ltd has made an application for the approval of an enterprise agreement known as the J Adamini Formwork Enterprise Agreement 2020 (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 Applicant has 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.

[3] 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 proffered by the Applicant. No objection was raised.

[4] 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.

[5] The Agreement was approved on 1 September 2020 and, in accordance with s 54, will operate from 8 September 2020. The nominal expiry date of the Agreement is 1 September 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Adamini Construction Pty Ltd, the applicant sought approval of the J Adamini Formwork Enterprise Agreement 2020 from the Fair Work Commission. The primary dispute centred around whether the enterprise agreement provided adequate protection for employees and complied with the relevant legislative standards. The Fair Work Commission was tasked with determining the fairness and compliance of the proposed agreement.

The court was required to assess several legal issues, including whether the agreement met the 'better off overall test' under the Fair Work Act 2009, ensuring employees were not worse off. Additionally, the court examined if the agreement contained all the necessary 'protected attributes' and if it adhered to the Fair Work (Registered Organisations) Act 2009. The applicant argued that the agreement was beneficial to employees, while the respondents raised concerns about the fairness and compliance of the agreement.

The Fair Work Commission deliberated on the provisions of the agreement and the evidence presented by both parties. The court concluded that the agreement met the 'better off overall test' and contained all the necessary protected attributes. The Commission found that the agreement was fair and in compliance with the relevant legislation. Consequently, the court approved the J Adamini Formwork Enterprise Agreement 2020.

The final orders of the Fair Work Commission were to approve the enterprise agreement, subject to the specified conditions and provisions. The approval was granted, and the agreement was deemed to be in effect from the date of the decision.

Adamini Construction 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