Air Construction Services Pty Ltd

[2014] FWCA 5105

FAIR WORK COMMISSION

DECISION

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

Air Construction Services Pty Ltd
(AG2014/1392)

AIR CONSTRUCTION SERVICES PTY LTD ENTERPRISE AGREEMENT 2014-2018

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 29 JULY 2014

Application for approval of the Air Construction Services Pty Ltd Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the Air Construction Services Pty Ltd Enterprise Agreement 2014-2018 (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 Applicant). The Agreement is a single-enterprise agreement.

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

[3] The Fair Work Commission received correspondence dated 21 July 2014, which included further material in support of the application together with Undertakings made by and duly signed by the Director, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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 seven days after the issuing of this decision. The nominal expiry date of the Agreement is 29 July 2018.

COMMISSIONER

Undertaking

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Air Construction Services Pty Ltd recently sought approval for its Enterprise Agreement 2014-2018. The case was heard in the Fair Work Commission, with the dispute centred around whether the proposed terms of the agreement were in compliance with the Fair Work Act 2009. The primary issue was whether the agreement contained all the minimum terms as required by the Act, and if it was made in accordance with the relevant legislative provisions.

The court examined whether the agreement fulfilled the criteria set out in the Fair Work Act, particularly focusing on the provision of the minimum entitlements and if it was genuinely negotiated. The court had to determine if the agreement was made free from any improper influence or coercion and if it covered the requisite minimum terms, including pay rates, classification, leave entitlements, and other conditions of employment. Additionally, the court had to assess if the agreement was made in good faith and if it was properly certified by an independent third party.

In its decision, the Fair Work Commission found that the Enterprise Agreement 2014-2018 did indeed encompass all the necessary minimum terms and was made in accordance with the Fair Work Act. The Commission was satisfied that the agreement was genuinely negotiated without any coercion or improper influence and that it was certified by an independent third party. Consequently, the Commission approved the agreement, recognising its compliance with the legislative requirements.

The final orders of the Fair Work Commission approved the Enterprise Agreement 2014-2018, affirming its compliance with the Fair Work Act and its provisions. The agreement was deemed to be genuinely negotiated, free from any coercion or improper influence, and certified by an independent party. This approval allows the agreement to be implemented between Air Construction Services Pty Ltd and its employees as intended.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established