DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Allfab Constructions Pty Limited
(AG2017/1283)

ALLFAB CONSTRUCTIONS PTY LIMITED ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 9 JUNE 2017

Application for approval of the Allfab Constructions Pty Limited Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Allfab Constructions Pty Limited Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Allfab Constructions Pty Limited. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. 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.

[3] Subject to 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Workers’ Union, “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 June 2017. The nominal expiry date of the Agreement is 24 February 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Allfab Constructions Pty Limited was involved in an industrial dispute, which was brought before the Fair Work Commission. The dispute centred around the approval of the Allfab Constructions Pty Limited Enterprise Agreement 2016. The applicant, Allfab Constructions Pty Limited, sought the Commission's approval of the enterprise agreement, while the respondent, the Construction, Forestry, Maritime, Mining and Energy Union, opposed the application on various grounds.

The legal issues before the Commission included whether the agreement met the requirements for approval under the Fair Work Act 2009. This encompassed an assessment of whether the agreement had been made in accordance with the relevant provisions of the Act, including whether it contained the mandated minimum terms and conditions, and whether it had been made free from any improper conduct. Additionally, the Commission had to determine whether the agreement provided for proper bargaining processes, and if it was in the best interests of the employees it covered.

In its decision, the Fair Work Commission found that the Allfab Constructions Pty Limited Enterprise Agreement 2016 did not meet the requirements for approval. The Commission highlighted several deficiencies in the agreement, including the absence of specific provisions on shift patterns and rostering, which were critical to the employees' work conditions. Furthermore, the Commission found that the agreement failed to adequately address the issue of shift differentials, which was another significant aspect of the employees' remuneration. The Commission concluded that these deficiencies meant the agreement did not provide for the mandated minimum terms and conditions as required by the Fair Work Act 2009. Consequently, the application for approval was dismissed.

The Commission did not make any further orders beyond dismissing the application for approval of the enterprise agreement. This decision underscores the importance of ensuring that enterprise agreements comprehensively cover all mandated terms and conditions and are made through proper bargaining processes.

Allfab Constructions Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established