Allciv Pty Ltd

[2014] FWCA 7032

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Allciv Pty Ltd
(AG2014/7650)

ALLCIV PTY LTD - CIVIL CONSTRUCTION ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 7 OCTOBER 2014

Application for approval of the Allciv Pty Ltd - Civil Construction Enterprise Agreement 2014.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 25 September 2014 by Allciv Pty Ltd for the approval of a single-enterprise agreement known as the Allciv Pty Ltd - Civil Construction Enterprise Agreement 2014(“the Agreement”).

[2] 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.

[3] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Allciv Pty Ltd was the subject of an application before the Fair Work Commission for approval of the Allciv Pty Ltd - Civil Construction Enterprise Agreement 2014. The matter involved the approval of a proposed enterprise agreement under the Fair Work Act 2009. The applicants sought the commission's endorsement of the agreement, which had been negotiated between the company and the relevant trade union. The legal issues at the heart of this application centred on whether the agreement met the requirements of the Fair Work Act, specifically whether it passed the "better off overall test" and whether it had been genuinely negotiated.

The commission was tasked with assessing if the proposed agreement provided employees with a minimum of the national safety net and was better off overall compared to the applicable awards or agreements. This involved a detailed examination of the terms and conditions outlined in the agreement, including wages, hours of work, leave provisions, and other employment conditions. The commission also had to determine whether the agreement had been genuinely negotiated between the employer and the union, which required evidence of the bargaining process and the parties' intentions.

In its decision, the commission determined that the Allciv Pty Ltd - Civil Construction Enterprise Agreement 2014 met the statutory requirements of the Fair Work Act. The commission found that the agreement provided employees with a minimum of the national safety net and was better off overall for the employees, as it included improvements in wages, conditions, and benefits. The commission also concluded that the agreement had been genuinely negotiated, as there was sufficient evidence to support the integrity of the bargaining process. Accordingly, the commission approved the agreement.

The final orders of the commission were that the Allciv Pty Ltd - Civil Construction Enterprise Agreement 2014 was approved and registered under the Fair Work Act. The agreement was to be in effect from the date of the decision and would apply to the employees of Allciv Pty Ltd covered by the agreement. The commission's decision provided clarity on the approval process for enterprise agreements and reinforced the importance of genuine negotiation and meeting the better off overall test.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established