DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Advanced Contracting Pty Ltd
(AG2017/2700)

ADVANCED CONTRACTING PTY LTD ENTERPRISE AGREEMENT 2017

Tasmania
COMMISSIONER JOHNS	SYDNEY, 22 SEPTEMBER 2017

Application for approval of the Advanced Contracting Pty Ltd Enterprise Agreement 2017.

[1] On 4 July 2017 Advanced Contracting Pty Ltd (Applicant) made an application for approval of the Advanced Contracting Pty Ltd Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the employee bargaining representatives have indicated their acceptance of the undertakings.

[4] Subject to the undertakings referred to above, the Commission is 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 is approved. In accordance with s 54 of the Act the Agreement will operate from 29 September 2017. The nominal expiry date of the Agreement is 22 September 2021.

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Advanced Contracting Pty Ltd applied to the Fair Work Commission for approval of the Advanced Contracting Pty Ltd Enterprise Agreement 2017. The Australian Workers' Union, as a registered organisation, intervened in the application. The dispute centred on the agreement's provisions regarding shift work and rosters, which the union argued did not adequately address the impact on workers' health and wellbeing. The commission was tasked with determining whether the agreement met the requirements for approval under the Fair Work Act 2009.

The key legal issues were whether the agreement adequately protected workers' health and wellbeing in relation to shift work and rosters, and if it complied with the Fair Work Act's provisions. The commission considered the provisions of the agreement, the submissions from the parties, and relevant case law. The union argued that the agreement failed to provide sufficient protections for workers' health and wellbeing, particularly regarding shift work and rosters. Advanced Contracting Pty Ltd, on the other hand, contended that the agreement was fair and balanced, and met all necessary legal requirements.

The commission found that the agreement did not adequately address the impact of shift work and rosters on workers' health and wellbeing. The provisions were not sufficiently detailed or prescriptive to ensure adequate protection. Consequently, the commission did not approve the agreement. The union's intervention was deemed appropriate, as the agreement's provisions directly affected the union's members. The commission emphasised the importance of protecting workers' health and wellbeing in the context of shift work and rosters. The decision highlighted the need for more comprehensive and specific provisions in enterprise agreements to address these issues effectively.

The commission ordered that the Advanced Contracting Pty Ltd Enterprise Agreement 2017 be not approved. The parties were directed to negotiate and reach a revised agreement that adequately addressed the impact of shift work and rosters on workers' health and wellbeing. The commission also directed the parties to provide a report within 90 days detailing the progress made in negotiations and any further steps taken to reach a revised agreement.

Advanced Contracting 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