Advanced Constructions Pty Ltd

[2016] FWCA 719

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Advanced Constructions Pty Ltd

(AG2015/7124)

ADVANCE CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT

2015 - 2019

Building, metal and civil construction industries

COMMISSIONER GREGORY

MELBOURNE, 4 FEBRUARY 2016

Application for approval of the Advanced Constructions Pty Ltd Enterprise Agreement 2015-

2019.

[1] An application has been made for approval of an enterprise agreement known as the

Advanced Constructions Pty Ltd Enterprise Agreement 2015 - 2019 (the Agreement). The

application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made

by Advanced Constructions Pty Ltd. 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] Subject to the undertakings 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work

Regulations 2009 is taken to be a term of the Agreement.
[2016] FWCA 719

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

11 February 2016. The nominal expiry date of the Agreement is 3 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

[2016] FWCA 719

Annexure A

CaseChat Overview and Summary

Advanced Constructions Pty Ltd, an employer, applied for the approval of an enterprise agreement under section 185 of the Fair Work Act 2009. The agreement in question, the Advanced Constructions Pty Ltd Enterprise Agreement 2015-2019, was proposed as a single enterprise agreement. The applicant provided written undertakings to ensure the agreement would not financially harm employees or substantially alter the agreement. The primary legal issue was whether the application met the requirements of sections 186, 187, 188, and 190 of the Fair Work Act 2009, which pertain to the approval of enterprise agreements.

The commissioner found that the agreement met the necessary requirements and that the undertakings provided by the applicant would not result in financial detriment to employees or substantial changes to the agreement. Additionally, the commissioner determined that the model flexibility term prescribed by the Fair Work Regulations 2009 would be included in the agreement. Consequently, the commissioner approved the agreement, which will operate from 11 February 2016 until its nominal expiry date of 3 February 2020.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established