DECISION

Fair Work Act 2009
s.185—Enterprise agreement

All Construction Engineering Pty Ltd T/A All Construction Engineering
(AG2019/993)

ALL CONSTRUCTION ENGINEERING FABRICATION AND MECHANICAL ON-SITE CONSTRUCTION ENTERPRISE AGREEMENT FOR NEW SOUTH WALES 2018

Building, metal and civil construction industries
COMMISSIONER BISSETT	MELBOURNE, 21 JUNE 2019

Application for approval of the All Construction Engineering Fabrication and Mechanical On-site Construction Enterprise Agreement for New South Wales 2018.

[1] An application has been made for approval of an enterprise agreement known as the All Construction Engineering Fabrication and Mechanical On-site Construction Enterprise Agreement for New South Wales 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by All Construction Engineering Pty Ltd T/A All Construction Engineering. The Agreement is a single enterprise agreement.

[2] The Employer 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] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, 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.

[5] The Agreement lodged contained a typographical error on page two of the Agreement. On 17 June 2019 the Applicant filed an amended page two of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 June 2019. The nominal expiry date of the Agreement is 20 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved a request by All Construction Engineering Pty Ltd, trading as All Construction Engineering, for the approval of their Fabrication and Mechanical On-site Construction Enterprise Agreement for New South Wales 2018. The application was brought to ensure that the agreement would be eligible for registration under the Fair Work Act 2009, thereby becoming a registered agreement for the purposes of the Act.

The legal issues before the Commission centred on whether the proposed agreement complied with the statutory requirements for enterprise agreements. Specifically, the Commission had to determine if the agreement met the criteria for being a simplified low paid enterprise agreement, if it complied with the provisions concerning minimum entitlements, and whether it adhered to the procedural requirements for application and approval as stipulated by the Fair Work Act. The Commission also had to consider whether the agreement was made in good faith and whether it provided for a proper process for the resolution of disputes.

The Commission found that the agreement was compliant with the relevant provisions of the Fair Work Act. It was determined that the agreement qualified as a simplified low paid enterprise agreement, as it met the specified conditions. The agreement also complied with the minimum entitlements required by the Act and had been made in good faith. Furthermore, the procedural requirements for the application and approval of the agreement were satisfied, and it included appropriate processes for the resolution of disputes. Given these findings, the Commission approved the agreement, allowing it to be registered and thus become a registered agreement under the Act.

The final orders of the Commission included the approval of the All Construction Engineering Fabrication and Mechanical On-site Construction Enterprise Agreement for New South Wales 2018, with effect from the date of registration. The agreement was to be registered and published on the Fair Work Commission’s website, ensuring its availability for the employees and employers covered by the agreement.

All Construction Engineering Pty Ltd T/A All Construction Engineering

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established