Allfab Constructions Pty Limited T/A Allfab Constructions Pty Limited

[2022] FWCA 2668

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Allfab Constructions Pty Limited T/A Allfab Constructions Pty Limited

(AG2022/3056)

ALLFAB CONSTRUCTIONS PTY LIMITED ENTERPRISE AGREEMENT 2022

Building, metal and civil construction industries
COMMISSIONER P RYAN	SYDNEY, 5 AUGUST 2022

Application for approval of the Allfab Constructions Pty Limited Enterprise Agreement 2022

Allfab Constructions Pty Limited (the Employer) has made an application for approval of an enterprise agreement known the Allfab Constructions Pty Limited Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

The employer 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. The undertakings are taken to be a term of the Agreement.

Section 186, 187, 188 and 190

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.

Section 183 Bargaining Representatives

The ‘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 AMWU.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 August 2022. The nominal expiry date of the Agreement is 5 August 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Allfab Constructions Pty Limited, trading as Allfab Constructions Pty Limited, brought an application before the Fair Work Commission seeking approval of an enterprise agreement. The applicant sought to have the Allfab Constructions Pty Limited Enterprise Agreement 2022 endorsed by the Commission. The application arose from negotiations between the company and its employees, with the enterprise agreement intended to regulate employment terms and conditions for the workforce.

The legal issues before the Commission included whether the enterprise agreement met the necessary statutory requirements for approval. The Commission had to assess if the agreement was made in good faith, if it contained certain mandatory terms, and whether it was fair and reasonable. The Commission also needed to determine whether the agreement was made in accordance with the relevant provisions of the Fair Work Act 2009.

The Fair Work Commission found that the Allfab Constructions Pty Limited Enterprise Agreement 2022 satisfied the statutory criteria for approval. The agreement was made in good faith, included all mandatory terms, and was fair and reasonable. The Commission noted the comprehensive negotiation process and the inclusion of various provisions that benefited both the employer and the employees. Consequently, the Commission approved the agreement, recognising its compliance with the legislative requirements.

The Fair Work Commission approved the Allfab Constructions Pty Limited Enterprise Agreement 2022, endorsing it as a legally binding instrument under the Fair Work Act 2009. This approval formalises the terms and conditions of employment for the workforce of Allfab Constructions Pty Limited, effective from the date of the Commission's decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established