DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Allan King & Sons Constructions Pty Ltd T/A Allan King and Sons Constructions
(AG2018/5840)

ALLAN KING & SONS CONSTRUCTIONS PTY LTD WORKPLACE AGREEMENT 2018-2022

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 5 APRIL 2019

Application for approval of the Allan King & Sons Constructions Pty Ltd Workplace Agreement 2018-2022.

[1] Application has been made for approval of a single enterprise agreement known as the Allan King & Sons Constructions Pty Ltd Workplace Agreement 2018-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Allan King & Sons Constructions Pty Ltd T/A Allan King and Sons Constructions.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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. In this respect I am satisfied that the undertakings now given reflect the understanding of the parties at the time the Agreement was made.

[3] With 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 12 April 2019. The nominal expiry date of the Agreement is 4 April 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Allan King & Sons Constructions Pty Ltd, trading as Allan King and Sons Constructions, applied to the Fair Work Commission for approval of its Workplace Agreement 2018-2022. The application was made in accordance with the Fair Work Act 2009, and the dispute centred around the terms and conditions outlined in the proposed agreement. The Commission, presided over by Commissioner P.J. Walton, was tasked with determining whether the agreement met the statutory requirements and whether it complied with the principles of the Act.

The legal issues that the Commission needed to resolve included whether the agreement contained all the prescribed minimum entitlements as per the Fair Work Act, and if it adhered to the requirements of genuine bargaining and procedural fairness. Additionally, the Commission had to consider whether the agreement was in the best interests of the employees and whether it met the public interest test.

Commissioner P.J. Walton, after reviewing the application and the submissions from both parties, found that the agreement substantially complied with the prescribed minimum entitlements and procedural fairness. The Commissioner noted that while there were some minor deficiencies in the agreement, they did not materially detract from the overall fairness and reasonableness of the agreement. Consequently, the application was approved with minor modifications to address the identified issues. The Commission was satisfied that the agreement was in the best interests of the employees and met the public interest test.

The final orders included the approval of the Workplace Agreement 2018-2022 with the specified modifications, ensuring compliance with the Fair Work Act. The agreement was to be implemented from the date of the Commission's decision, subject to the minor amendments being incorporated.

Allan King & Sons Constructions Pty Ltd T/A Allan King and Sons Constructions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established