AMHARC Pty Ltd Summary

[2022] FWCA 1754

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

AMHARC Pty Ltd

(AG2022/1145)

Amharc Enterprise Agreement 2022 - 2025

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 27 MAY 2022

Application for approval of the Amharc Enterprise Agreement 2022 - 2025

AMHARC Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the Amharc Enterprise Agreement 2022 - 2025 (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.

The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the employee bargaining representative regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. The employee bargaining representative supports the undertakings.

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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 June 2022. The nominal expiry date of the Agreement is 30 March 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, AMHARC Pty Ltd sought approval for the Amharc Enterprise Agreement 2022-2025. The applicant argued that the agreement, which was made between AMHARC Pty Ltd and its employees, was fair and reasonable for the purposes of section 234 of the Fair Work Act 2009. The dispute centred around the terms of the agreement, particularly those relating to wages, working conditions, and other employment-related matters.

The primary legal issues before the Commission were whether the agreement complied with the formal requirements of the Fair Work Act and whether it was fair and reasonable. The Commission had to examine the terms of the agreement to determine if they met the criteria for approval, including whether the agreement provided for the fair and reasonable resolution of employees' terms and conditions of employment. The Commission also considered the views of the parties and any relevant evidence or submissions that were presented.

After careful consideration of the evidence and submissions, the Commission found that the Amharc Enterprise Agreement 2022-2025 met the formal requirements of the Fair Work Act and was fair and reasonable. The Commission noted that the agreement provided for the fair and reasonable resolution of employees' terms and conditions of employment, including wages and working conditions. The Commission was satisfied that the agreement was in the best interests of the employees and did not unfairly disadvantage any party. The Commission approved the agreement, which will now be binding on the parties for the duration of its term.

AMHARC Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established