DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Air Construction Services Pty Ltd
(AG2018/3172)

AIR CONSTRUCTION SERVICES PTY LTD ENTERPRISE AGREEMENT 2018 - 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 17 AUGUST 2018

Application for approval of the Air Construction Services Pty Ltd Enterprise Agreement 2018 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Air Construction Services Pty Ltd Enterprise Agreement 2018 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Air Construction Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 August 2018. The nominal expiry date of the Agreement is 16 August 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Air Construction Services Pty Ltd, an employer, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), a union representing employees, applied for the approval of an enterprise agreement. The matter was heard by the Fair Work Commission, specifically a delegate of the President, who was tasked with assessing the agreement's compliance with the Fair Work Act 2009. The union and the employer had reached an agreement on the terms, but certain provisions needed scrutiny to determine if they met the requirements for approval under the Act.

The central legal issue before the Commission was whether the provisions of the proposed agreement adhered to the relevant provisions of the Fair Work Act. Specifically, the Commission needed to examine whether the agreement contained all the mandatory terms prescribed by the Act, and if the agreement was made in good faith and without any coercion or undue influence. The Commission also needed to ensure that the agreement did not adversely affect the safety and health of employees.

In delivering its decision, the Commission found that the agreement contained all the mandatory terms required by the Act and was made in good faith. The Commission noted that the union and the employer had engaged in genuine negotiations, and the agreement reflected a balance of interests between the parties. The Commission also found that the agreement did not contain any provisions that would adversely affect the safety and health of employees. Accordingly, the Commission approved the application for the agreement, finding it to be a lawful and appropriate enterprise agreement.

The Fair Work Commission approved the application for the Air Construction Services Pty Ltd Enterprise Agreement 2018 - 2022. The Commission found that the agreement was made in good faith, contained all the mandatory terms required by the Act, and did not adversely affect the safety and health of employees. The Commission's approval of the agreement ensures that the terms and conditions of employment for employees of Air Construction Services Pty Ltd are regulated by a lawful and appropriate enterprise agreement.

Air Construction Services 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