DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Amarcon Group Pty Ltd
(AG2019/73)

AMARCON GROUP PTY LTD ENTERPRISE AGREEMENT 2019 - 2023

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 12 JUNE 2019

Application for approval of the Amarcon Group Pty Ltd Enterprise Agreement 2019 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the Amarcon Group Pty Ltd Enterprise Agreement 2019 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Amarcon Group Pty Ltd. The agreement is a single enterprise agreement.

[2] The Employer 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, and on the basis of the material contained in the application and 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 Agreement was approved on 12 June 2019 and, in accordance with s.54, will operate from 19 June 2019. The nominal expiry date of the Agreement is 11 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Amarcon Group Pty Ltd, sought approval of an enterprise agreement in the Fair Work Commission. The agreement was proposed for a four-year period from 2019 to 2023 and was intended to cover employees within specific classifications and industries. The dispute centred around the terms and conditions of employment, including wages, working hours, leave entitlements, and dispute resolution mechanisms, among other provisions.

The legal issues before the commission were multifaceted. The applicant had to demonstrate that the agreement met the requirements of the Fair Work Act 2009, including the ‘better off overall test’ to ensure that no employee would be worse off financially by being subject to the agreement. Additionally, the commission had to consider whether the agreement complied with the Fair Work (Registered Organisations) Act 2009 and was free from any provisions that might contravene the Fair Work Act. The commission also needed to ensure that the agreement was made in good faith and did not contain any discriminatory terms.

The Fair Work Commission found that the enterprise agreement complied with the statutory requirements. It was determined that the agreement met the 'better off overall test', with employees being adequately compensated for any concessions made. The commission noted that the agreement provided for appropriate mechanisms for resolving disputes and that it did not contain any provisions that would discriminate against any employee. Consequently, the commission approved the enterprise agreement, finding it to be fair and reasonable. The decision was made on the basis that the agreement provided a fair balance of rights and obligations between the employer and employees, without contravening any legislative provisions.

The final order of the commission was the approval of the Amarcon Group Pty Ltd Enterprise Agreement 2019-2023, which would now be binding on the employees covered by the agreement, as well as the employer. This decision provided clarity and certainty for both the applicant and the employees regarding the terms of employment for the specified period.

Amarcon Group Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established