Ahrens Group Pty Ltd Summary

[2022] FWCA 3020

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ahrens Group Pty Ltd

(AG2022/3047)

Ahrens Group Pty Ltd Enterprise Agreement 2022

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 1 SEPTEMBER 2022

Application for approval of the Ahrens Group Pty Ltd Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Ahrens Group Pty Ltd Enterprise Agreement 2022 (Agreement). The application was made by Ahrens Group Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

I observe that certain provisions of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 4.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A of this decision (Undertakings). The views of each person I know is a bargaining representative for the Agreement were sought in relation to the Undertakings and no objections were raised. 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.

Pursuant to s.190(3) of the Act, I accept the Undertakings.

Subject to the Undertakings, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 September 2022. The nominal expiry date of the Agreement is 1 September 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission received an application from Ahrens Group Pty Ltd for approval of the Ahrens Group Pty Ltd Enterprise Agreement 2022. The application was brought pursuant to section 185 of the Fair Work Act 2009. The agreement is a single enterprise agreement. The applicant sought approval of the agreement, which governs employment conditions in the building, metal, and civil construction industries.

The Commission was required to determine whether the agreement met the requirements of the Fair Work Act. The Commissioner noted that some provisions of the agreement may be inconsistent with the National Employment Standards. However, the Commissioner was satisfied that the more beneficial entitlements of the NES would prevail where there was an inconsistency. The Commissioner also considered the written undertakings provided by the employer and was satisfied that accepting the undertakings would not cause financial detriment to employees or result in substantial changes to the agreement. The views of bargaining representatives were sought, and no objections were raised.

The Commissioner found that the agreement met the requirements of the Fair Work Act. The agreement was approved and will operate from 8 September 2022. The nominal expiry date of the agreement is 1 September 2026. The Commissioner accepted the employer's undertakings subject to certain conditions. The final order of the Commission was that the agreement be approved and will operate from the specified date.

Ahrens Group Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established