DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alder Constructions Pty Ltd
(AG2017/5747)

ALDER CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 14 MARCH 2018

Application for approval of the Alder Constructions Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Alder Constructions Pty Ltd Enterprise Agreement 2017 (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] 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 21 March 2018. The nominal expiry date of the Agreement is 13 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Alder Constructions Pty Ltd, an applicant, sought approval of the Alder Constructions Pty Ltd Enterprise Agreement 2017, a proposed agreement between the company and its employees. The matter was heard in the Fair Work Commission. The dispute centred on whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it met the necessary requirements for approval by the Commission.

The primary legal issues the Commission had to address included whether the agreement provided for fair and reasonable terms and conditions, if it adequately protected employees' rights and interests, and if it was consistent with the overarching objectives of the Fair Work Act. Specifically, the Commission examined the provisions regarding minimum wages, hours of work, leave entitlements, and other employment conditions to ensure they met the standards set by the Act.

In its decision, the Commission found that the proposed agreement largely complied with the statutory requirements. The Commission noted that while some provisions could have been more detailed, they were sufficient to ensure that the employees' rights and interests were adequately protected. The Commission also concluded that the agreement was consistent with the broader objectives of the Fair Work Act, including the promotion of productive and harmonious workplace relations. Consequently, the Commission approved the Alder Constructions Pty Ltd Enterprise Agreement 2017.

The Fair Work Commission approved the Alder Constructions Pty Ltd Enterprise Agreement 2017, effective from the date of the decision. This approval ensures that the agreement will govern the terms and conditions of employment for the employees of Alder Constructions Pty Ltd, subject to the provisions of the Fair Work Act.

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