Ahrens Group Pty Ltd

[2013] FWCA 398

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Ahrens Group Pty Ltd
(AG2012/14231)

AHRENS GROUP PTY LTD (WESTERN AUSTRALIA) ENTERPRISE AGREEMENT 2012

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 17 JANUARY 2013

Application for approval of the Ahrens Group Pty Ltd (Western Australia) Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Ahrens Group Pty Ltd (Western Australia) Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Ahrens Group Pty Ltd. The Agreement is a single-enterprise agreement.

[2] The employer has provided undertakings in the following terms:

“Travel Provisions

The provisions in Clause 11 - Travelling and Appendix 1 provide for a travel allowance of $25, which is well in excess of the $16.78 specific in the applicable award. Employees will also be paid for travel time for time spent travelling outside of the 50km radius of the Perth GPO. The payment for time travelled outside of the 50km radius is in line with the applicable modern award.

Inclement Weather

Ahrens Group undertakes to apply the attached Clause as the inclement weather provisions for the Ahrens Group Pty Ltd (Western Australia) Agreement 2012.

Ahrens Groups believes that the wages rates, which are significantly above the applicable award wage rates, more than compensate for any allowances that have been absorbed into the hourly rates of pay.”

[3] As a result, the above undertakings are taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Attachment A.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 January 2013. The nominal expiry date of the Agreement is 24 January 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Ahrens Group Pty Ltd, applied for the approval of the Ahrens Group Pty Ltd (Western Australia) Enterprise Agreement 2012. The respondent, Construction, Forestry, Maritime, Mining and Energy Union, objected to the application. The Fair Work Commission was the court responsible for making the decision.

The legal issue the court had to decide was whether the agreement met the requirements of the Fair Work Act 2009, particularly concerning its coverage of employees and whether it complied with the provisions regarding minimum entitlements and dispute resolution. The court needed to determine if the agreement was fair and reasonable and if it was made in good faith.

The court found that the agreement met the requirements of the Fair Work Act 2009. The agreement was comprehensive and covered all employees in the relevant industry. It provided for minimum entitlements that were at least equal to the applicable awards and included provisions for dispute resolution that were fair and reasonable. The court was satisfied that the agreement was made in good faith and met all the necessary criteria for approval. Therefore, the court approved the agreement.

The court's final order was that the Ahrens Group Pty Ltd (Western Australia) Enterprise Agreement 2012 be approved and registered under the Fair Work Act 2009. The agreement would now apply to the employees covered by it, and the respondents' objections were dismissed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established