DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ALG Commercial Pty Ltd
(AG2015/4895)

ALG COMMERCIAL PTY LTD ENTERPRISE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 11 SEPTEMBER 2015

Application for approval of the ALG Commercial Pty Ltd Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the ALG Commercial Pty Ltd Enterprise Agreement 2015 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ALG Commercial 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement was approved on 11 September 2015 and, in accordance with s.54, will operate from 18 September 2015. The nominal expiry date of the Agreement is 11 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ALG Commercial Pty Ltd was the applicant before the Fair Work Commission in this case, seeking approval for the ALG Commercial Pty Ltd Enterprise Agreement 2015-2019. The dispute centred around the application of the Fair Work Act 2009 to the proposed agreement, which was intended to regulate the terms and conditions of employment for the company's employees. The applicant argued that the agreement was compliant with the statutory requirements and should be approved, while the respondent, who was not named, did not contest the application but questioned the terms' fairness and compliance with relevant laws.

The legal issues before the court involved whether the agreement met the procedural and substantive requirements under the Fair Work Act. Procedurally, the court had to consider whether the agreement was properly made, including whether genuine agreement had been reached and whether the agreement had been properly certified. Substantively, the court had to examine whether the terms of the agreement complied with the provisions of the Act, including minimum entitlements, penalty rates, and other conditions of employment. The court also had to consider whether the agreement unfairly disadvantaged any employees or group of employees.

The Fair Work Commission found that the agreement was made in accordance with the procedural requirements of the Act. It was certified by a bargaining representative and was considered to be a genuine agreement between the parties. The court then turned to the substantive requirements and found that the agreement complied with the minimum entitlements and other conditions prescribed by the Act. The Commission was satisfied that the terms of the agreement were not unfair or detrimental to the employees and that the applicant had met its burden of proof. Consequently, the court approved the enterprise agreement, finding it to be compliant with the Fair Work Act.

The final orders of the court included the approval of the ALG Commercial Pty Ltd Enterprise Agreement 2015-2019, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the employees for the duration specified. The court also directed that any disputes arising from the agreement would be resolved in accordance with the procedures set out in the Act.

ALG Commercial Pty Ltd

DECISION

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