DECISION

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

Altius Construction & Engineering Pty Limited
(AG2021/4062)

ALTIUS CONSTRUCTION AND ENGINEERING PTY LIMITED AMWU ON-SITE CONSTRUCTION AGREEMENT FOR NSW 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 16 APRIL 2021

Application for approval of the Altius Construction and Engineering Pty Limited AMWU On-Site Construction Agreement for NSW 2019-2022.

[1] Altius Construction & Engineering Pty Limited (the Employer) has made an application for approval of an enterprise agreement known as the Altius Construction and Engineering Pty Limited AMWU On-Site Construction Agreement for NSW 2019-2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and 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, and on the basis of the material contained in the application, and the accompanying statutory declaration, 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 Employer applied under s.586 of the Act for the Commission to correct a typographical error relating to clause numbering within the Agreement at clause 14.2. The Employer submitted an amended page correcting the error. I am satisfied that it is appropriate to amend the Agreement to correct the typographical error.

[5] 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 seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 16 April 2021 and, in accordance with s 54, will operate from 23 April 2021. The nominal expiry date of the Agreement is 30 November 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A.

CaseChat Overview and Summary

In the Fair Work Commission, the Australian Manufacturing Workers' Union (AMWU) lodged an application for the approval of a proposed agreement with Altius Construction & Engineering Pty Limited. The proposed agreement, referred to as the NSW 2019-2022 On-Site Construction Agreement, sought to regulate the employment conditions of workers in the New South Wales construction industry. The AMWU argued that the agreement was in the best interests of the employees and would promote fairness and productivity in the workplace.

The legal issues before the Commission involved assessing whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. This included determining whether the agreement provided for minimum rates of pay, conditions, and entitlements that were no less favourable than the relevant industrial instrument or the national system of minimum wages and conditions. The Commission also needed to consider whether the agreement was free from any unfair provisions and whether it promoted harmonious, productive, and cooperative workplace relations.

After hearing submissions from both parties, the Commission determined that the proposed agreement met the necessary criteria for approval. The AMWU had demonstrated that the agreement provided for fair and reasonable terms and conditions of employment that were no less favourable than the relevant industrial instrument or the national system of minimum wages and conditions. The Commission was satisfied that the agreement promoted harmonious, productive, and cooperative workplace relations and did not contain any unfair provisions. Accordingly, the Commission approved the proposed agreement, which will now apply to the employees of Altius Construction & Engineering Pty Limited in the New South Wales construction industry.

Altius Construction & Engineering 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