DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AJK Civil Pty Ltd
(AG2020/2950)

AJK CIVIL ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 30 OCTOBER 2020

Application for approval of the AJK Civil Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the AJK Civil Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by AJK Civil 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] Employees were emailed details of the vote on 9 September 2020 and the vote took place on 16 September. Therefore, the employer did not notify the relevant employees of the voting details by the start of the access period for the agreement as required under s.180(3) of the Act. Nevertheless, in the circumstances, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s.188(2)(a). Further, having regard to the content of the statutory declaration I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 November 2020. The nominal expiry date of the Agreement is 29 October 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

AJK Civil Pty Ltd recently came before the Fair Work Commission in an application for the approval of the AJK Civil Enterprise Agreement 2020. The applicant, AJK Civil, sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The agreement in question was negotiated between AJK Civil and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on whether the agreement met the requirements for approval under the Fair Work Act, including provisions related to minimum entitlements, the process of bargaining, and the agreement's alignment with the principles of the Fair Work Act.

The key legal issues before the Commission involved determining whether the agreement was genuinely negotiated, whether it complied with the minimum standards set by the Act, and whether the process of bargaining was fair and proper. AJK Civil argued that the agreement was the result of genuine negotiations and met all legislative requirements. The CFMEU, on the other hand, contended that certain provisions of the agreement did not comply with the Act and that the process of negotiation was not entirely fair. The Commission needed to assess the evidence provided by both parties and examine the content of the agreement to make its determination.

After reviewing the submissions and evidence from both parties, the Commission found that the AJK Civil Enterprise Agreement 2020 was genuinely negotiated and met all the requirements for approval under the Fair Work Act. The Commission noted that while there were some procedural irregularities in the bargaining process, these did not undermine the overall fairness or legitimacy of the agreement. The Commission was satisfied that the agreement provided for minimum entitlements and adhered to the principles of the Act. Consequently, the application for approval was successful, and the agreement was registered.

The final orders of the Commission included the approval and registration of the AJK Civil Enterprise Agreement 2020, effective from the date of the decision. The agreement was to be published on the Fair Work Commission's website and would be binding on all parties involved. This decision sets a precedent for similar agreements and reinforces the importance of adhering to the legislative requirements for enterprise agreements in Australia.

AJK Civil 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