DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aldenhoven Homes Pty Ltd
(AG2016/6576)

ALDENHOVEN HOMES PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 15 NOVEMBER 2016

Application for approval of the Aldenhoven Homes Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Aldenhoven Homes Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Aldenhoven Homes Pty Ltd T/As Aldenhoven Homes. The Agreement is a single enterprise agreement.

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

[3] Subject to the undertakings 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 22 November 2016. The nominal expiry date of the Agreement is 14 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Aldenhoven Homes Pty Ltd, the Fair Work Commission was called upon to approve the Aldenhoven Homes Pty Ltd Enterprise Agreement 2016. This agreement was proposed between Aldenhoven Homes Pty Ltd, an employer in the residential construction industry, and the Building and Construction Trades Employees and Employers Union, representing employees. The dispute centred on whether the agreement complied with the relevant legislative requirements and whether it was made in good faith and without coercion. The Fair Work Commission was tasked with determining the validity of the agreement, ensuring it met the necessary criteria under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement contained all the prescribed minimum terms and conditions, whether it was made in accordance with the good faith bargaining provisions, and whether any provisions in the agreement were contrary to public policy. Additionally, the Commission had to assess whether the agreement provided for appropriate mechanisms for resolving disputes and whether it was fair and reasonable. The validity of the agreement hinged on meeting these statutory requirements, as well as ensuring it was not adversely affecting the employees' rights and protections under the law.

The Fair Work Commission examined the contents of the agreement and the bargaining process that led to its creation. The Commission noted that the agreement included all the prescribed minimum terms and conditions and was made in good faith. It found that the bargaining process was transparent and did not involve any coercion or unfair labour practices. The Commission also determined that none of the provisions were contrary to public policy and that the agreement provided adequate mechanisms for resolving disputes. Based on these findings, the Commission concluded that the agreement was fair and reasonable, thereby meeting all the necessary legislative criteria for approval.

As a result, the Fair Work Commission approved the Aldenhoven Homes Pty Ltd Enterprise Agreement 2016. The decision was made on the basis that the agreement was compliant with the statutory requirements and was made in good faith. The Commission's approval ensures that the terms and conditions set out in the agreement will govern the employment relationship between Aldenhoven Homes Pty Ltd and its employees, subject to the protections and rights provided by the Fair Work Act 2009.

Aldenhoven Homes 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