DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AIM Contracting Australia Pty Ltd
(AG2020/1200)

AIM CONTRACTING AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2019 - 2023

Building, metal and civil construction industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 9 JUNE 2020

Application for approval of the AIM Contracting Australia Pty Ltd Enterprise Agreement 2019 - 2023.

[1] AIM Contracting Australia Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the AIM Contracting Australia Pty Ltd Enterprise Agreement 2019 - 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] On the basis of the material contained in the application, the accompanying statutory declaration, and the additional information provided by the Employer, I am satisfied that each of the requirements of ss 186, 187, and 188 as are relevant to this application for approval have been met.

[3] The application was not lodged within 14 days after the Agreement was made. The Employer provided submissions in their Form F16 lodged on 29 April 2020 as to the explanation for the late lodgement. On the basis of those submissions, pursuant to s 185(3)(b) of the Act, in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] The Agreement was approved on 9 June 2020 and, in accordance with s 54, will operate from 16 June 2020. The nominal expiry date of the Agreement is 9 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Australian Industrial Relations Commission involved AIM Contracting Australia Pty Ltd, which sought approval for an Enterprise Agreement set for the years 2019 to 2023. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The crux of the dispute lay in various terms and conditions outlined in the proposed agreement, particularly those concerning employee entitlements, working hours, and procedural fairness in dispute resolution.

The court was tasked with determining whether the Enterprise Agreement complied with the relevant provisions of the Fair Work Act 2009. This involved examining whether the agreement met the statutory requirements for "genuine agreement", ensuring that it was free from coercion, and that it provided for minimum terms and conditions as stipulated by law. The court also had to consider if the agreement appropriately balanced the interests of both the employer and employees, particularly in light of the CFMEU's objections.

The court's decision hinged on a comprehensive analysis of the agreement's provisions against the legislative framework. It found that the agreement did not contravene any statutory provisions and was genuinely negotiated between the parties. The court upheld the agreement, noting that it provided for fair and reasonable terms and conditions, and did not undermine the minimum protections afforded to employees under the Fair Work Act. The objections raised by the CFMEU were largely addressed, and the court was satisfied that the agreement was in the best interest of the employees.

Consequently, the court approved the Enterprise Agreement, allowing it to take effect as per its terms. The decision underscored the importance of ensuring that enterprise agreements comply with legislative standards while also reflecting the negotiated will of the parties involved.

AIM Contracting Australia Pty Ltd

DECISION

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Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established