DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alder Constructions Pty Ltd
(AG2021/5949)

ALDER CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER YILMAZ	MELBOURNE, 13 JULY 2021

Application for approval of the Alder Constructions Pty Ltd Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Alder Constructions Pty Ltd 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 Alder Constructions Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement is approved and in accordance with s.54, will operate from 20 July 2021. The nominal expiry date of the Agreement is 20 July 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Alder Constructions Pty Ltd, an employer, sought approval of the Alder Constructions Pty Ltd Enterprise Agreement 2021, which it had negotiated with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The CFMEU, as a representative of the employees, contested the application on several grounds, including the adequacy of the agreement in terms of minimum wage rates and other conditions. The matter was heard in the Fair Work Commission, the tribunal responsible for regulating industrial relations matters in Australia.

The key legal issues before the Commission were whether the agreement met the statutory requirements under the Fair Work Act 2009 and the Fair Work Regulations 2009, specifically whether it provided for minimum wage rates and other conditions of employment that complied with the safety net provisions of the Act. The CFMEU argued that the agreement did not adequately protect employee entitlements, while Alder Constructions Pty Ltd contended that the agreement was fair and reasonable, meeting all necessary legislative standards.

The Fair Work Commission examined the provisions of the agreement in detail, assessing them against the statutory minimum standards set out in the Fair Work Act. The Commission found that the agreement did indeed provide for minimum wage rates and other conditions that met or exceeded the safety net requirements. The Commission concluded that the agreement was fair and reasonable and approved the application for registration. The Commission's decision was based on a thorough analysis of the agreement's provisions and their alignment with legislative standards.

The Fair Work Commission approved the application for the registration of the Alder Constructions Pty Ltd Enterprise Agreement 2021. This decision ensures that the agreement, which outlines the terms and conditions of employment for the employees of Alder Constructions Pty Ltd, is legally binding and enforceable.

Alder Constructions 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