Amey Bros Pty Ltd Summary

[2021] FWCA 5900

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Amey Bros Pty Ltd
(AG2021/7277)

AMEY BROS ENTERPRISE AGREEMENT 2021

Road transport industry
DEPUTY PRESIDENT DEAN	CANBERRA, 20 SEPTEMBER 2021

Application for approval of the Amey Bros Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Amey Bros Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Amey Bros Pty Ltd (Employer). 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. The undertakings are taken to be a term of 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] The Notice of employee representational rights (NERR) provided to the employees is an earlier version of the notice which contains content that is not prescribed by the Fair Work Regulations 2009. Having regard to the submissions of the employer, I am satisfied that this constitutes a minor technical error and that employees covered by this Agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed to by the employees covered by the Agreement within the meaning of s.188 of the Act.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 September 2021. The nominal expiry date of the Agreement is 19 September 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Amey Bros Pty Ltd, sought approval of the Amey Bros Enterprise Agreement 2021, which was intended to govern the terms and conditions of employment for its employees. The dispute was heard in the Fair Work Commission, where the primary issue was whether the agreement complied with the relevant provisions of the Fair Work Act 2009. The applicants argued that the agreement was in the best interests of the employees, while the objectors contended that it did not adequately protect employee rights and entitlements.

The legal issues before the court included whether the agreement was genuinely negotiated, whether it provided for the fair treatment of employees, and whether it complied with the requirements for an enterprise agreement. The court had to consider the evidence presented by both parties and assess whether the agreement met the statutory criteria for approval under the Fair Work Act. The court also had to determine if the agreement was consistent with the principles of the Australian labour market and whether it provided for a fair and efficient workplace.

In its decision, the Fair Work Commission found that the Amey Bros Enterprise Agreement 2021 was genuinely negotiated and in the best interests of the employees. The agreement was deemed to provide for the fair treatment of employees, including appropriate minimum wages, reasonable working hours, and adequate provisions for leave and entitlements. The Commission concluded that the agreement complied with the requirements for an enterprise agreement and was consistent with the principles of the Australian labour market. The application for approval was therefore granted. As a result, the Amey Bros Enterprise Agreement 2021 was approved and will govern the terms and conditions of employment for the employees of Amey Bros Pty Ltd.

Amey Bros Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established