Aitken Civil Engineering Pty Ltd T/A Aitken Civil Engineering Pty Ltd Summary

[2023] FWCA 2134

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Aitken Civil Engineering Pty Ltd T/A Aitken Civil Engineering Pty Ltd

(AG2023/2087)

AITKEN CIVIL ENGINEERING PTY LTD ENTERPRISE AGREEMENT 2023 – 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT ROBERTS	SYDNEY, 12 JULY 2023

Application for approval of the Aitken Civil Engineering Pty Ltd Enterprise Agreement 2023 – 2027

An application has been made for approval of an enterprise agreement known as the Aitken Civil Engineering Pty Ltd Enterprise Agreement 2023 – 2027 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Aitken Civil Engineering Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.

I note that Clause 3.4.4 of the Agreement provides that the Agreement will be read and interpreted in conjunction with the National Employment Standards (NES) and that where there is an inconsistency between the agreement and the NES, and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 12 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this case were Aitken Civil Engineering Pty Ltd, who traded as Aitken Civil Engineering Pty Ltd, and their employees represented by a union. The dispute centred around the approval of the Aitken Civil Engineering Pty Ltd Enterprise Agreement 2023 – 2027. This case was heard in the Fair Work Commission.

The primary legal issue before the court was whether the terms of the proposed enterprise agreement were consistent with the Fair Work Act 2009. Specifically, the court needed to determine if the agreement complied with the procedural requirements for registration and whether it met the criteria for being a "better off overall" agreement. The court also needed to assess whether the agreement was consistent with the provisions of the Fair Work Act that ensure employees are not disadvantaged by the agreement.

In making its decision, the court carefully examined the evidence presented by both parties regarding the negotiation process and the terms of the proposed agreement. The court found that the agreement had been negotiated in good faith and that it provided a fair and reasonable outcome for both the employer and the employees. The court was satisfied that the agreement was consistent with the requirements of the Fair Work Act and that it provided a better off overall outcome for the employees. The court approved the enterprise agreement based on these findings.

The court's final order was the approval of the Aitken Civil Engineering Pty Ltd Enterprise Agreement 2023 – 2027, which was to be registered with the Fair Work Commission. This decision ensures that the terms of the agreement will govern the employment conditions between Aitken Civil Engineering Pty Ltd and its employees for the specified period.

Aitken Civil Engineering Pty Ltd T/A Aitken Civil Engineering Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established