DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alpine Civil Pty Ltd T/A Alpine Garden Supplies
(AG2019/3352)

ALPINE CIVIL PTY LTD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 25 SEPTEMBER 2019

Application for approval of the Alpine Civil Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Alpine Civil Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Alpine Civil Pty Ltd T/A Alpine Garden Supplies. 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. The undertakings are taken to be a term of 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] I note that Clause 18.3(a) is inconsistent with the National Employment Standards as it provides that as much as practicable employees are required to notify the Company prior to their scheduled starting time any day that they are unable to attend for work. Given the National Employment Standards precedence clause at clause 18.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Agreement lodged contained an error at Clause 9. On 19 September 2019, the Applicant filed an amended page of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 October 2019. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Alpine Civil Pty Ltd, trading as Alpine Garden Supplies, applied to the Fair Work Commission for the approval of the Alpine Civil Pty Ltd Enterprise Agreement 2019. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The primary dispute involved the terms of the proposed agreement and whether it met the requirements for approval under the Fair Work Act 2009.

The court needed to determine if the enterprise agreement provided for the proper protection of employees' rights and interests, including minimum wages and conditions, and whether it had been made in good faith. It also had to assess if the agreement met the requirements for independent determination as stipulated by the Fair Work Act. The court considered whether the agreement was a genuine enterprise agreement and if it was made without the influence of any improper conduct.

The Fair Work Commission examined the agreement's provisions and found that it met the necessary criteria for approval. The Commission was satisfied that the agreement provided for the fair treatment of employees, including appropriate wages and conditions, and that it had been made in good faith. The court confirmed that the agreement had been independently determined and did not result from any improper conduct. Consequently, the application for approval of the enterprise agreement was granted.

The Commission approved the Alpine Civil Pty Ltd Enterprise Agreement 2019, effective from the date of the decision. The agreement was to be registered with the Fair Work Ombudsman and would apply to the employees covered by the agreement. The CFMEU's objections were dismissed, and the application was determined in favour of Alpine Civil Pty Ltd.

Alpine Civil Pty Ltd T/A Alpine Garden Supplies

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established