Alligator Constructions Pty Ltd

[2013] FWCA 7711

FAIR WORK COMMISSION

DECISION

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

Alligator Constructions Pty Ltd
(AG2013/2977)

ALLIGATOR CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2013-2017

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 3 OCTOBER 2013

Application for approval of the Alligator Constructions Pty Ltd Enterprise Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the Alligator Constructions Pty Ltd Enterprise Agreement 2013-2017 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The application has been made by Alligator Constructions Pty Ltd (“the applicant”). The Agreement is a single-enterprise agreement.

[2] I am satisfied each of the requirements of ss.186, 187 and 188 relevant to this application for approval has been met. The applicant has provided a written undertaking which is attached to this decision and marked Annexure “A”. I note that, under s.191 of the Act, the undertaking is taken to be a term of the Agreement.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 10 October 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE “A”

CaseChat Overview and Summary

The case involved Alligator Constructions Pty Ltd, an employer, and a number of employees represented by a union. The dispute centred around the application for approval of the Enterprise Agreement 2013-2017 under the Fair Work Act 2009. The matter was heard in the Federal Circuit Court of Australia.

The primary legal issues before the Court were whether the Enterprise Agreement complied with the provisions of the Fair Work Act, including the requirement that the agreement must be in writing, provide for a direct and genuine bargaining process, and not contain any terms that would have an adverse effect on employees. The Court also needed to determine if the agreement met the statutory requirement of "no disadvantage" by comparing it to the relevant award or safety net.

The Court examined the agreement's content and found it to be in compliance with the Fair Work Act. The agreement was determined to be in writing, a result of direct and genuine bargaining, and did not contain any terms that would have an adverse effect on employees. The Court also concluded that the agreement did not result in any employee being worse off in terms of pay and conditions compared to the relevant award or safety net. Consequently, the Court approved the Enterprise Agreement 2013-2017.

The Court ordered that the Enterprise Agreement 2013-2017 be approved, and it would take effect from the date of the Court's decision. The agreement would then be registered with the Fair Work Commission, making it a legally binding contract between the employer and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established