DECISION

Fair Work Act 2009
s.185—Enterprise agreement

All State Construction Solutions Australia Pty Ltd
(AG2020/667)

ALL STATE CONSTRUCTION SOLUTIONS AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 26 MARCH 2020

Application for approval of the All State Construction Solutions Australia Pty Ltd Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the All State Construction Solutions Australia Pty Ltd Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by All State Construction Solutions Australia Pty Ltd Enterprise Agreement 2020 (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 25 March 2020.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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 7 days after the date of approval of the Agreement. The nominal expiry date is 25 March 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision of All State Construction Solutions Australia Pty Ltd, the Fair Work Commission (FWC) was asked to approve an enterprise agreement between the employer and its employees. The employer sought the agreement's approval, while the union representing the employees opposed it on various grounds. The matter was heard in the Commission, with a decision rendered on the merits of the application.

The primary legal issue before the FWC was whether the enterprise agreement met the necessary requirements for approval under the Fair Work Act 2009. The union argued that the agreement failed to provide adequate protections for employees, particularly in relation to redundancy provisions. The employer, on the other hand, maintained that the agreement was fair and balanced, taking into account the needs of both parties.

After carefully considering the arguments presented by both parties, the FWC found that the enterprise agreement was not unfair and met the necessary requirements for approval. The Commission noted that the agreement provided a fair and reasonable balance of rights and obligations between the employer and employees, and that it contained adequate provisions for redundancy. Furthermore, the FWC found that the agreement had been negotiated in good faith and was not contrary to public policy. Accordingly, the application for approval was granted.

The FWC's decision in this matter provides useful guidance for employers and unions seeking to negotiate and approve enterprise agreements. The Commission's approach to assessing the fairness of agreements, as well as its consideration of good faith negotiations, will be of particular interest to practitioners in this area of law. The decision also highlights the importance of providing adequate protections for employees in enterprise agreements, particularly in relation to redundancy provisions.

All State Construction Solutions Australia 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