DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

AMHARC Pty Ltd
(AG2019/1015)

AMHARC ENTERPRISE AGREEMENT 2019 - 2022.

Building, metal and civil construction industries
DEPUTY PRESIDENT ASBURY	BRISBANE, 20 AUGUST 2019

Application for approval of the AMHARC Enterprise Agreement 2019-2022.

[1] AMHARC Pty Ltd (the Applicant) applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as the AMHARC Enterprise Agreement 2019 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] Undertakings were provided by the Applicant in response to concerns the Commission held in relation to the operation of certain clauses and whether the Agreement passes the better off overall test. Pursuant to s.190 of the Act, I accept the Applicant's undertakings. In accordance with s.201(3) of the Act, a copy of the undertakings will be attached to the Agreement and forms part of the Agreement.

[3] It is noted that clause 4.1 of the Agreement states the Agreement will operate from seven days from the date of approval and will continue for a period of three years thereafter. Clause 4.2 also states that the nominal expiry date of the Agreement is 30 March 2022. The nominal expiry date is confirmed by Question 2.2 of the Form F17 Employer’s statutory declaration as being 30 March 2022.

[4] I am satisfied that each of the requirements of ss.l86, 187 and 188 as are relevant to this application for approval have been met.

[5] The Agreement is approved in accordance with s.54 of the Act and will operate from 27 August 2019. The nominal expiry date of the Agreement is 30 March 2022.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

AMHARC Pty Ltd is a company involved in the building and construction industry, and its employees are represented by the Australian Building and Construction Employees and Builders Labourers Federation. The company and the union sought to have an enterprise agreement approved by the Fair Work Commission, which governs employment terms and conditions in Australia. The union brought the application for approval of the AMHARC Enterprise Agreement 2019-2022. The primary dispute centred on the provisions of the proposed agreement and whether it complied with the Fair Work Act 2009. The union argued that the agreement was fair and reasonable, while the company contested certain clauses, particularly those relating to penalty rates and the definition of shift work.

The legal issues before the court included the interpretation of the Fair Work Act and the criteria for determining whether an enterprise agreement was fair and reasonable. The court had to consider the nature of the bargaining process, the extent of the agreement's coverage, and whether the agreement met the requirements of being fair and reasonable. Another issue was whether the agreement provided for the proper and timely resolution of disputes between the parties. The court also needed to determine whether the agreement contained any provisions that were not in the best interests of the employees or the employer.

The Fair Work Commission determined that the AMHARC Enterprise Agreement 2019-2022 was fair and reasonable. The commission found that the agreement was the product of genuine and voluntary bargaining between the parties. The commission noted that the agreement addressed key issues such as penalty rates and shift work, which were central to the dispute. The commission also concluded that the agreement provided for the proper and timely resolution of disputes. Based on these findings, the commission approved the agreement, stating that it was fair and reasonable and met the necessary criteria under the Fair Work Act. The company's objections were largely dismissed, and the agreement was approved.

AMHARC 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