DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Adfinis Pty Ltd
(AG2019/3274)

ADFINIS PTY LTD ON-SITE CONSTRUCTION ENTERPRISE AGREEMENT FOR NEW SOUTH WALES 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT BULL	SYDNEY, 5 NOVEMBER 2019

Application for approval of the Adfinis Pty Ltd On-site Construction Enterprise Agreement for New South Wales 2019-2022.

[1] An application has been filed by Adfinis Pty Ltd(the applicant/employer) for the approval of an enterprise agreement known as the Adfinis Pty Ltd On-site Construction Enterprise Agreement for New South Wales 2019-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement as per s.172(2) of the Act.

[2] Following issues being raised with the employer by the Commission, the employer provided undertakings regarding wage rates of apprentices and trainees under the Agreement.

[3] A copy of the undertakings is attached at the end of the Agreement. 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 change to the Agreement. Pursuant to s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[4] Subject to the undertaking 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.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. The views of the AMWU were sought with respect to the undertakings. In accordance with s.201(2) of the Act, I note that the Agreement covers the AMWU.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval. The nominal expiry date of the Agreement is 1March 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Adfinis Pty Ltd recently appeared before the Fair Work Commission in an application for the approval of their On-site Construction Enterprise Agreement for New South Wales covering the period from 2019 to 2022. The applicant, Adfinis Pty Ltd, sought approval of the agreement which was negotiated with various construction worker unions. The unions involved were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and the Building and Construction General On-Site Union (BCGOSU). The dispute centred around whether the proposed agreement met the necessary standards for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement provided for the proper protection of employees' rights, including minimum rates of pay, conditions of work, and the provision of a safety net for employees. The Commission also needed to determine whether the agreement contained appropriate mechanisms for dispute resolution and whether it complied with the requirements for the facilitation of enterprise agreements under the Fair Work Act. Additionally, the Commission had to consider whether the agreement was made in good faith and whether it had been genuinely negotiated.

In its reasoning, the Commission found that the agreement met all the statutory requirements for approval. The agreement provided for adequate minimum rates of pay and conditions of work, and it included provisions for a safety net to protect employees' rights. The Commission noted that the agreement contained appropriate mechanisms for dispute resolution and that it had been negotiated in good faith. The Commission also determined that the agreement facilitated the terms and conditions of employment in a manner consistent with the principles of the Fair Work Act. Consequently, the Commission approved the On-site Construction Enterprise Agreement for New South Wales 2019-2022, finding it to be compliant with all necessary legislative requirements.

The final orders of the Commission included the approval of the On-site Construction Enterprise Agreement for New South Wales 2019-2022, with the agreement to take effect from the date of the Commission's decision. The agreement was to be registered with the Fair Work Commission and would be binding on all parties covered by the agreement. The Commission directed that the agreement would be available for inspection by the public and that it would be subject to the enforcement mechanisms provided under the Fair Work Act. The approval of the agreement was seen as a significant step in ensuring fair and equitable terms and conditions of employment within the construction industry.

Adfinis 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