Albem Operations Pty. Ltd. Summary

[2024] FWCA 2334

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Albem Operations Pty. Ltd.

(AG2024/2091)

ALBEM OPERATIONS PTY LTD GENERAL ENTERPRISE AGREEMENT 2024

Building, metal and civil construction industries
COMMISSIONER DURHAM	BRISBANE, 21 JUNE 2024

Application for approval of the Albem Operations Pty Ltd General Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Albem Operations Pty Ltd General Enterprise Agreement 2024 (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 Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 March 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved Albem Operations Pty Ltd, which sought approval for its 2024 General Enterprise Agreement. The dispute was centred around whether the agreement complied with the necessary legal standards and whether it appropriately balanced the interests of the employer and the employees. The application was heard in the Fair Work Commission, the body tasked with overseeing and approving enterprise agreements in Australia.

The legal issues that the court had to address included whether the agreement met the statutory requirements set forth in the Fair Work Act 2009, specifically concerning the provisions for employee protections, procedural fairness, and the absence of provisions that might be deemed unfair. The court also needed to consider whether the agreement adequately provided for the protection of employees' rights and interests, including provisions for pay rates, hours of work, and other employment conditions.

The Fair Work Commission carefully examined the agreement, taking into account the submissions from both Albem Operations and the employees' representatives. The court found that the agreement complied with all statutory requirements and was fair and reasonable in its provisions. The court considered that the agreement balanced the interests of the employer and the employees and provided adequate protections for the latter. Based on this assessment, the court approved the General Enterprise Agreement, allowing it to come into effect as intended. This decision ensures that the agreement is legally binding and enforceable, providing a framework for the employment relationship between Albem Operations and its employees.

Albem Operations Pty. Ltd.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established