AKT Constructions (WA) Pty Ltd Summary

[2013] FWCA 238

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AKT Constructions (WA) Pty Ltd
(AG2012/13943)

AKT CONSTRUCTIONS ENTERPRISE AGREEMENT 2012

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 11 JANUARY 2013

Application for approval of the AKT Constructions Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the AKT Constructions Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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 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 seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

AKT Constructions (WA) Pty Ltd was the applicant before the Fair Work Commission, seeking approval of the AKT Constructions Enterprise Agreement 2012. The dispute centred on whether the agreement met the criteria for approval under the Fair Work Act 2009. The nature of the dispute was to ensure the agreement complied with the legal standards set forth in the Act.

The primary legal issue before the Commission was whether the agreement contained all the necessary terms as required by the Fair Work Act, specifically section 232, and whether it was free from any prohibited content under section 133. Additionally, the Commission had to determine if the agreement was made in good faith and whether it provided for the fair and reasonable terms of employment for the employees covered by the agreement.

The Commission examined the agreement and found it to be comprehensive, containing all mandatory terms as prescribed by the Act. It was also determined that the agreement did not include any prohibited content and was made in good faith. Furthermore, the terms of the agreement were deemed fair and reasonable, providing adequate protection for the employees. Based on these findings, the Commission approved the application for the agreement's registration.

In conclusion, the Fair Work Commission approved the AKT Constructions Enterprise Agreement 2012 for registration. This decision recognised the agreement as compliant with the requirements of the Fair Work Act, ensuring it provided for fair and reasonable terms of employment for the employees involved.

AKT Constructions (WA) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established