Advanced Constructions Pty Ltd Summary

[2024] FWCA 1509

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Advanced Constructions Pty Ltd

(AG2024/1086)

ADVANCED CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2024-2028

Building services
DEPUTY PRESIDENT BOYCE	SYDNEY, 23 APRIL 2024

Application for approval of the Advanced Constructions Pty Ltd Enterprise Agreement 2024 - 2028

An application has been made for approval of an enterprise agreement to be known as the Advanced Constructions Pty Ltd Enterprise Agreement 2024 - 2028 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Advanced Constructions Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 16 April 2024. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Building and Construction General On-site Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 April 2024. The nominal expiry date of the Agreement is 23 April 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Advanced Constructions Pty Ltd recently applied for the approval of its Enterprise Agreement 2024-2028. The application was brought before the Fair Work Commission (FWC), which is tasked with overseeing the fairness and compliance of enterprise agreements under the Fair Work Act 2009. The FWC's decision is pivotal in determining whether the terms of the agreement can be applied across the company's workforce.

The primary legal issues the FWC needed to address were whether the agreement met the requirements of the Fair Work Act, particularly in relation to the agreement's fairness and compliance with statutory minimum standards. Key areas of scrutiny included the agreement's provisions on wages, hours of work, leave entitlements, and other conditions of employment. The FWC also examined whether the agreement had been made in accordance with the relevant procedural requirements, ensuring genuine consultation and negotiation between the employer and employees.

In its decision, the FWC thoroughly reviewed the agreement's provisions against the statutory benchmarks. The Commission found that the agreement provided for wages and conditions that were at least equal to the relevant minimum standards set by the Act. It also determined that the agreement was the product of genuine bargaining, with adequate consultation and negotiation processes observed. Based on these findings, the FWC concluded that the Advanced Constructions Pty Ltd Enterprise Agreement 2024-2028 was fair and compliant with the necessary legal requirements.

The Fair Work Commission approved the application for the Advanced Constructions Pty Ltd Enterprise Agreement 2024-2028, allowing it to be registered and enforceable under the Fair Work Act. This decision ensures that the terms of the agreement will govern the employment conditions of the company's workforce, providing clarity and certainty in the workplace.

Advanced Constructions Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established