DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AllenCon Pty Ltd
(AG2018/6064)

ALLENCON PTY LTD ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER YILMAZ	MELBOURNE, 11 APRIL 2019

Application for approval of the AllenCon Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the AllenCon Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by AllenCon Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement is approved and, in accordance with s.54, will operate from 18 April 2019. The nominal expiry date of the Agreement is 30 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved AllenCon Pty Ltd, an employer, and its employees, who were represented by a union. The dispute centred on the approval of the AllenCon Pty Ltd Enterprise Agreement 2018. The Fair Work Commission was tasked with determining whether the agreement met the statutory criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the Enterprise Agreement contained all the mandated terms and conditions as required by the Fair Work Act. Specifically, the Commission had to assess if the agreement included minimum entitlements and if it was free from prohibited content, such as clauses that would undermine employees' rights or workplace health and safety. Additionally, the Commission needed to ensure that the agreement had been made in good faith and that the process for its negotiation complied with the Act.

In delivering its decision, the Commission noted that the Enterprise Agreement provided for terms and conditions that were at least equal to the relevant awards and included all the mandated minimum entitlements. The agreement was found to be free from any content that would be contrary to the public interest. The Commission was satisfied that the agreement had been negotiated in good faith and that the process followed was compliant with the statutory requirements. Consequently, the Commission approved the AllenCon Pty Ltd Enterprise Agreement 2018, finding it met all the necessary criteria under the Fair Work Act.

No further orders were made by the Commission. The approval of the agreement means that it will now apply to the employees of AllenCon Pty Ltd, setting out their terms and conditions of employment.

AllenCon 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