Altrad Apts Pty Ltd T/A Altrad Apts Pty Ltd

[2024] FWCA 4564

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Altrad Apts Pty Ltd T/A Altrad Apts Pty Ltd

(AG2024/4796)

SPECIALIST PEOPLE – ALTRAD CHEVRON FACILITIES ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER SCHNEIDER	PERTH, 18 DECEMBER 2024

Application for approval of the Specialist People – Altrad Chevron Facilities Enterprise Agreement 2024

Altrad Apts Pty Ltd (the Applicant) has made an application under section 185 of the Fair Work Act 2009 (Cth) (the Act) for the approval of a single enterprise agreement known as the Specialist People – Altrad Chevron Facilities Enterprise Agreement 2024 (the Agreement).

On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

Clause 6 of the Agreement provides that where there is any conflict with the National Employment Standards (NES) and the Agreement the NES will apply to the extent of the inconsistency.

The Australian Workers’ Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Unions), being bargaining representatives for the Agreement, have given notice under section 183 of the Act that they seek to be covered by the Agreement.

In accordance with section 201(2) of the Act, and based on the declaration provided by the Unions, I confirm they are covered by the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 25 December 2024.

The nominal expiry date of the Agreement is 18 December 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Altrad Apts Pty Ltd, trading as Altrad Apts Pty Ltd, and the Australian Manufacturing Workers' Union. The dispute centred on the approval of the Specialist People – Altrad Chevron Facilities Enterprise Agreement 2024, which was to govern the terms and conditions of employment for certain employees. The matter was brought before the Fair Work Commission to determine whether the agreement met the necessary standards and requirements under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the Specialist People – Altrad Chevron Facilities Enterprise Agreement 2024 complied with the provisions of the Fair Work Act 2009. This involved assessing whether the agreement met the criteria for being a "single interest" enterprise agreement and whether it contained all the mandated minimum entitlements. The Commission also had to consider whether the agreement had been made in good faith and whether the process by which it was formed was fair.

In making its determination, the Commission examined the evidence provided by both parties and assessed whether the agreement contained all the necessary minimum terms and conditions as required by the Fair Work Act. The Commission considered the process by which the agreement was negotiated and whether it was conducted in good faith. After careful consideration of all the evidence and submissions, the Commission found that the agreement met the necessary requirements and was compliant with the Fair Work Act. Consequently, the Commission approved the Specialist People – Altrad Chevron Facilities Enterprise Agreement 2024.

The Fair Work Commission approved the Specialist People – Altrad Chevron Facilities Enterprise Agreement 2024, finding that it was a genuine single interest enterprise agreement that contained all the required minimum entitlements and was made in good faith. This decision provided clarity for the parties involved and established the terms and conditions of employment for the affected employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established