Amacris Builders & Farming Group Pty Ltd T/A Amacris Group

[2022] FWCA 1639

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Amacris Builders & Farming Group Pty Ltd T/A Amacris Group

(AG2022/1427)

Amacris Group Enterprise Agreement 2022

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 18 MAY 2022

Application for approval of the Amacris Group Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Amacris Group Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Amacris Builders & Farming Group Pty Ltd T/A Amacris Group (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 13 May 2022 and was determined on the papers.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 17 May 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Amacris Builders & Farming Group Pty Ltd T/A Amacris Group, sought approval of the Amacris Group Enterprise Agreement 2022 from the Fair Work Commission. The application was made under the Fair Work Act 2009, with the Fair Work Commission exercising its powers to determine the application. The dispute centred on the terms and conditions of employment for employees within the company, specifically addressing issues related to wages, working conditions, and other employment-related matters.

The primary legal issues before the Commission were whether the proposed enterprise agreement met the requirements set out in the Fair Work Act 2009, particularly in terms of its compliance with the "better off overall test" (BOOT) and the procedural fairness provisions. The Commission had to examine if the agreement provided employees with conditions that were at least as good as those provided by the relevant award or modern award, and whether the agreement was negotiated in good faith and met the necessary procedural requirements.

The Commission found that the proposed enterprise agreement satisfied the requirements under the Act. The BOOT test was met as the agreement provided employees with terms and conditions that were at least as favourable as those provided by the applicable award. Additionally, the Commission determined that the agreement was negotiated in good faith and adhered to the procedural fairness provisions. The applicant demonstrated a commitment to engaging with employee representatives and addressing their concerns, which was deemed sufficient to meet the statutory requirements.

Accordingly, the Commission approved the Amacris Group Enterprise Agreement 2022, subject to the conditions and provisions detailed in the agreement. The approval was based on the findings that the agreement met the statutory requirements and provided a fair and reasonable outcome for the employees of the Amacris Group.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established