DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Advanced Constructions Pty Ltd
(AG2020/781)

ADVANCE CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2019-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 5 MAY 2020

Application for approval of the Advance Constructions Pty Ltd Enterprise Agreement 2019-2023.

[1] An application has been made for approval of an enterprise agreement known as the Advance Constructions Pty Ltd Enterprise Agreement 2019-2023 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 12 May 2020. The nominal expiry date of the Agreement is 4 May 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case of Advanced Constructions Pty Ltd was brought before the Fair Work Commission, involving a dispute regarding the application for approval of the Advance Constructions Pty Ltd Enterprise Agreement 2019-2023. The primary issue at hand was whether the agreement met the legal requirements for approval under the Fair Work Act 2009. This included assessing if the agreement was made in good faith, if it was free from any unlawful provisions, and if it was appropriately certified by the relevant independent body.

The Fair Work Commission needed to determine several key legal issues. These included whether the enterprise agreement was certified correctly, if it contained any terms that were contrary to public policy or in breach of any protected industrial rights, and whether it was made in good faith and without any coercion. Additionally, the Commission had to consider if the agreement provided adequate protections for employees, including minimum wages, leave entitlements, and other conditions of employment.

In reaching its decision, the Fair Work Commission examined the certification process and the contents of the agreement. The Commission found that the agreement was appropriately certified and did not contain any unlawful provisions or terms that contravened public policy. It was also determined that the agreement was made in good faith, with no evidence of coercion. The Commission concluded that the agreement provided fair and reasonable terms for both employers and employees, meeting the statutory requirements for approval. Therefore, the application for approval was granted.

The Fair Work Commission ordered that the Advance Constructions Pty Ltd Enterprise Agreement 2019-2023 be approved and registered under the Fair Work Act 2009. This decision ensures that the terms of the agreement are legally binding and enforceable, providing a clear framework for the employment relationship between the company and its workers.

Advanced Constructions 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