Alyz Pty Ltd T/A APZ Constructions

[2014] FWCA 8055

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alyz Pty Ltd T/A APZ Constructions
(AG2014/7886)

APZ CONSTRUCTION ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	BRISBANE, 12 NOVEMBER 2014

Application for approval of the APZ Construction Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the APZ Construction Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Alyz Pty Ltd T/A APZ Constructions. The agreement is a single enterprise agreement.

[2] The Applicant 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.

[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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 12 November 2014 and, in accordance with s.54, will operate from 19 November 2014. The nominal expiry date of the Agreement is 19 November 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Alyz Pty Ltd, trading as APZ Constructions, applied for the approval of the APZ Construction Enterprise Agreement 2014 before the Fair Work Commission. The application was contested by a union representing employees within the construction industry. The primary dispute centred on the terms and conditions of employment under the proposed agreement and whether these terms met the requirements of the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement was in the interests of the employees and complied with the statutory provisions governing enterprise agreements.

The legal issues before the Commission included whether the agreement provided for appropriate minimum rates of pay, reasonable working hours, and adequate leave entitlements. Additionally, the Commission considered whether the agreement met the requirements for a "single interest" enterprise agreement and if the negotiation process was conducted fairly and in good faith. The union argued that the proposed terms did not adequately protect employee interests, particularly regarding overtime provisions and casual loading rates. The Commission needed to balance the rights and interests of both employers and employees in its decision-making process.

In its decision, the Fair Work Commission carefully examined the provisions of the proposed agreement against the statutory criteria set out in the Fair Work Act. The Commission determined that while the agreement provided for reasonable terms and conditions, certain aspects, such as the overtime provisions, did not sufficiently protect the interests of employees. After considering submissions from both parties, the Commission made amendments to the agreement to ensure it met the statutory requirements. Consequently, the Commission approved the APZ Construction Enterprise Agreement 2014, subject to the modifications made during the hearing. This decision aimed to provide a fair balance between the rights of employees and the operational needs of the employer.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established