AK Evans Group Australia Pty Ltd

[2021] FWCA 6426

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AK Evans Group Australia Pty Ltd
(AG2021/7832)

AK EVANS GROUP AUSTRALIA ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT DEAN	CANBERRA, 28 OCTOBER 2021

Application for approval of the AK Evans Group Australia Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the AK Evans Group Australia Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by AK Evans Group Australia Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

[3] Subject to the undertaking referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 November 2021. The nominal expiry date of the Agreement is 28 October 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter in the Fair Work Commission involved AK Evans Group Australia Pty Ltd, an employer, and its employees, represented by a union. The dispute centred on the approval of the AK Evans Group Australia Enterprise Agreement 2021, which aimed to govern the terms and conditions of employment for the employees. The matter was heard in the Fair Work Commission, Australia's industrial relations tribunal.

The primary legal issues the Commission had to address included whether the agreement complied with the Fair Work Act 2009, particularly concerning the mandated minimum entitlements, and if the agreement had been genuinely negotiated between the parties. Additionally, the Commission considered whether the agreement provided for a fair and reasonable outcome for both the employer and employees, and if it adhered to the principles of good faith bargaining.

The Fair Work Commission assessed the agreement against the statutory requirements and found it to be compliant with the Fair Work Act. The Commission was satisfied that the agreement had been genuinely negotiated and provided a fair and reasonable outcome for both parties. The Commission highlighted that the agreement included provisions for minimum entitlements, as well as other terms and conditions of employment, which were considered reasonable in the context of the industry and the bargaining process. Consequently, the Commission approved the AK Evans Group Australia Enterprise Agreement 2021.

The Fair Work Commission's decision was that the AK Evans Group Australia Enterprise Agreement 2021 be approved and registered. The agreement would now govern the terms and conditions of employment for the employees represented by the union, and would be in effect until superseded by a new agreement or until terminated in accordance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established