DECISION

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

AllenCon Pty Ltd
(AG2015/1325)

ALLENCON PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 12 JUNE 2015

Application for approval of the AllenCon Pty Ltd Enterprise Agreement 2015.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 3 June 2015 by AllenCon Pty Ltd for the approval of a single-enterprise agreement known as the AllenCon Pty Ltd Enterprise Agreement 2015(“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

CaseChat Overview and Summary

AllenCon Pty Ltd applied to the Fair Work Commission for approval of the AllenCon Pty Ltd Enterprise Agreement 2015. The applicants were the employer and the union representing the employees. The union contended that the proposed agreement failed to meet the requirements of the Fair Work Act 2009, particularly in relation to provisions concerning employee entitlements and dispute resolution mechanisms. The court was tasked with determining whether the agreement was consistent with the provisions of the Act and met the necessary standards for approval.

The legal issues before the court were whether the provisions in the proposed agreement were consistent with the Fair Work Act 2009, and whether they met the procedural and substantive requirements for an enterprise agreement. The court considered whether the agreement provided for procedural fairness, adequate consultation, and whether it contained provisions that were contrary to public policy or were otherwise invalid. The union argued that certain clauses were inconsistent with the Act and would negatively impact employee rights.

The Fair Work Commission found that while the proposed agreement had been negotiated in good faith, some provisions did not comply with the Fair Work Act 2009. The court identified that certain clauses relating to employee entitlements did not meet the minimum standards prescribed by the Act. The Commission also noted that the dispute resolution mechanisms outlined in the agreement were not in line with the requirements of the Act, particularly in terms of procedural fairness. Consequently, the court refused to approve the agreement as it stood, but provided guidance on how the parties could amend the agreement to meet the necessary legal standards.

The court ordered that the agreement be returned to the parties for amendment to ensure compliance with the Fair Work Act 2009. The Commission specified the areas where amendments were necessary, including the provisions on employee entitlements and dispute resolution mechanisms. The court directed that the parties resubmit the amended agreement for approval once these changes had been made.

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