Altius Construction and Engineering Pty Limited

[2013] FWCA 8225

FAIR WORK COMMISSION

DECISION

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

Altius Construction and Engineering Pty Limited
(AG2013/9746)

ALTIUS CONSTRUCTION AND ENGINEERING PTY LIMITED AMWU ON-SITE CONSTRUCTION COLLECTIVE AGREEMENT FOR NEW SOUTH WALES 2013-2015

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 23 OCTOBER 2013

Application for approval of the Altius Construction and Engineering Pty Limited AMWU On-Site Construction Collective Agreement for New South Wales 2013-2015.

[1] An application has been made for approval of an enterprise agreement known as the Altius Construction and Engineering Pty Limited AMWU On-Site Construction Collective Agreement for New South Wales 2013-2015 (the Agreement). The application was made by Altius Construction and Engineering Pty Limited pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers Union 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved in accordance with s.54 of the Act and will operate from 30 October 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Altius Construction and Engineering Pty Limited, applied to the Fair Work Commission for the approval of a new enterprise agreement for the period 2013-2015. The Australian Manufacturing Workers' Union (AMWU) is the employer representative for the agreement. The agreement was contested by several union members who claimed that certain provisions did not meet the "better off overall test" as required by the Fair Work Act 2009.

The key legal issues before the Commission were whether the provisions of the agreement met the statutory requirements under the Fair Work Act, particularly focusing on whether the agreement was genuinely negotiated and whether it provided employees with a better overall position than the existing conditions. This involved assessing the fairness of the terms and conditions proposed in the agreement, ensuring that they were not unduly harsh or detrimental to the employees, and that they provided a net benefit compared to the previous conditions.

The Commission reviewed the negotiation process and the specific terms of the agreement, including wages, hours of work, and other employment conditions. The Commission found that the agreement was genuinely negotiated and that it provided employees with a better overall position. The Commission considered evidence of the negotiation process, the views of the employees, and the fairness of the terms proposed. The Commission determined that the agreement met the statutory requirements and approved the agreement. The Commission also noted that the agreement included provisions for resolving disputes and provided for the protection of employees' rights.

The Fair Work Commission approved the Altius Construction and Engineering Pty Limited AMWU On-Site Construction Collective Agreement for New South Wales 2013-2015. The approval was based on the findings that the agreement was genuinely negotiated and that it provided employees with a better overall position than the existing conditions. The Commission's decision was based on the evidence presented and the application of the relevant legal standards under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established