DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Albem Operations Pty Ltd
(AG2020/2499)

ALBEM OPERATIONS PTY LTD GENERAL ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 28 SEPTEMBER 2020

Application for approval of the Albem Operations Pty Ltd General Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Albem Operations Pty Ltd General 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 Albem Operations 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 October 2020. The nominal expiry date of the Agreement is 31 March 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Albem Operations Pty Ltd, an employer, applied to the Fair Work Commission for approval of the Albem Operations Pty Ltd General Enterprise Agreement 2020, which had been negotiated with the Construction, Forestry, Maritime, Mining and Energy Union. The application was opposed by the Building and Construction Trades Union, a registered organisation that claimed to represent a significant number of employees in the industry. The dispute centred on the fairness and compliance of the proposed agreement with the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement met the procedural and substantive fairness requirements set forth in the Fair Work Act. The Commission had to determine if the agreement was made in good faith, if it contained the appropriate minimum terms and conditions, and if it complied with the procedural requirements for such agreements. Additionally, the Commission examined whether the agreement would have an adverse effect on employees or employers and if it would have a significant adverse effect on the operations of employers.

The Fair Work Commission found that the agreement was made in good faith and contained the appropriate minimum terms and conditions. The Commission also determined that the procedural requirements for the agreement were met, and there was no evidence of any significant adverse effect on employees or employers. The Commission concluded that the agreement was fair and reasonable and approved it under section 234 of the Fair Work Act. The Commission's decision was based on the evidence presented, the application of relevant legislation, and the consideration of the parties' submissions.

The Fair Work Commission approved the application for the Albem Operations Pty Ltd General Enterprise Agreement 2020 to be registered as a registered agreement under section 234 of the Fair Work Act. The decision was made on the basis that the agreement was made in good faith, contained the appropriate minimum terms and conditions, and met the procedural requirements of the Act. The Commission found no evidence of any significant adverse effect on employees or employers and determined that the agreement was fair and reasonable.

Albem Operations Pty Ltd

DECISION

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