All Construction Engineering Pty Ltd

[2023] FWCA 1500

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

All Construction Engineering Pty Ltd

(AG2023/1407)

ALL CONSTRUCTION ENGINEERING PTY LTD FABRICATION AND MECHANICAL ON-SITE CONSTRUCTION ENTERPRISE AGREEMENT FOR NEW SOUTH WALES 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT EASTON	SYDNEY, 25 MAY 2023

Application for approval of the All Construction Engineering Pty Ltd Fabrication and Mechanical On-site Construction Enterprise Agreement for New South Wales 2022.

All Construction Engineering Pty Ltd (the Employer) has made an application for the approval of the All Construction Engineering Pty Ltd Fabrication and Mechanical On-site Construction Enterprise Agreement for New South Wales 2022 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 June 2023. The nominal expiry date of the Agreement is 25 May 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

All Construction Engineering Pty Ltd applied to the Fair Work Commission for the approval of the All Construction Engineering Pty Ltd Fabrication and Mechanical On-site Construction Enterprise Agreement for New South Wales 2022. The applicant, a construction company, sought the approval of the enterprise agreement to govern the terms and conditions of employment for its employees within the fabrication and mechanical on-site construction industry in New South Wales. The applicant argued that the proposed agreement provided for fair and reasonable terms and conditions of employment that were in line with the objectives of the Fair Work Act 2009.

The Fair Work Commission was required to determine whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009, including whether it provided for minimum terms and conditions of employment, protected employees' rights, and promoted workplace harmony. The Commission also had to consider whether the agreement was made in good faith and whether it provided for the fair and reasonable resolution of any disputes that may arise.

The Commission found that the proposed agreement met the requirements of the Fair Work Act 2009. The agreement provided for minimum terms and conditions of employment, protected employees' rights, and promoted workplace harmony. The Commission was satisfied that the agreement was made in good faith and provided for the fair and reasonable resolution of any disputes that may arise. The Commission approved the All Construction Engineering Pty Ltd Fabrication and Mechanical On-site Construction Enterprise Agreement for New South Wales 2022.

The Commission's decision was based on its consideration of the evidence and submissions provided by both parties. The Commission found that the applicant had demonstrated that the proposed agreement was in the best interests of the employees and the employer, and that it provided for fair and reasonable terms and conditions of employment. The Commission approved the agreement, subject to certain conditions and limitations, to ensure that it continued to meet the requirements of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established