DECISION

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

Allfab Constructions Pty Limited
(AG2019/1285)

ALLFAB CONSTRUCTIONS PTY LIMITED ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 19 AUGUST 2019

Application for approval of the Allfab Constructions Pty Limited Enterprise Agreement 2018.

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

[2] The Employer 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, 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] The Agreement lodged contained an administrative error at clause 8.8. On 14 August 2019, the Employer filed an amended version of the Agreement correcting the error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
[6] The Australian Workers’ Union, and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act seeking to be covered by the Agreement. In accordance with s.201(2), I note that the Agreement covers the organisations.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 August 2019. The nominal expiry date of the Agreement is 26 August 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Allfab Constructions Pty Limited, which sought approval for its Enterprise Agreement 2018. The dispute centred on the terms and conditions of employment for workers covered by the proposed agreement, and the fairness of these terms in light of the legal standards set by the Fair Work Act 2009. The Commission was tasked with ensuring the agreement complied with the relevant legislative requirements and was free from any unfair provisions.

The primary legal issues before the Commission involved whether the proposed agreement contained any terms that were contrary to the provisions of the Fair Work Act, and whether the agreement had been made in accordance with the procedural requirements of the Act. Key considerations included the fairness of the proposed terms and conditions, the process by which the agreement was negotiated, and the extent to which the agreement met the 'better off overall test'. This test requires that employees be no worse off financially under the new agreement compared to their previous terms of employment.

The Commission found that the proposed agreement complied with the legislative requirements of the Fair Work Act. The terms and conditions of employment were deemed fair, and the process by which the agreement was negotiated was deemed to be procedurally sound. The Commission was satisfied that the agreement met the 'better off overall test', as employees would not be worse off financially. The Commission approved the Allfab Constructions Pty Limited Enterprise Agreement 2018, thereby resolving the dispute in favour of Allfab Constructions Pty Limited.

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