DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Amrick Civil Pty Ltd
(AG2021/4580)

AMRICK CIVIL PTY LTD & THE AUSTRALIAN WORKERS’ UNION AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 21 APRIL 2021

Application for approval of the AMRICK CIVIL PTY LTD & The Australian Workers’ Union Agreement 2021.

[1] Amrick Civil Pty Ltd and The Australian Workers’ Union have made a greenfields agreement known as the AMRICK CIVIL PTY LTD & The Australian Workers’ Union Agreement 2021 (the Agreement) under section 172(2)(b) of the Act.

[2] The Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work to be performed under the Agreement.

[3] I am satisfied that each of the relevant requirements of ss.186 and 187 of the Act have been met in relation to the Agreement and that it is in the public interest to approve the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 April 2021. The nominal expiry date of the Agreement is 28 February 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Amrick Civil Pty Ltd applied for approval of the AMRICK CIVIL PTY LTD & The Australian Workers’ Union Agreement 2021. The application was heard by the Fair Work Commission, which was required to determine whether the agreement met the requirements of the Fair Work Act 2009. The agreement in question was an enterprise agreement between Amrick Civil Pty Ltd and the Australian Workers’ Union, which sought to regulate the terms and conditions of employment for employees of Amrick Civil Pty Ltd. The agreement covered various aspects of employment, including wages, hours of work, leave entitlements, and dispute resolution mechanisms.

The primary legal issue before the Commission was whether the agreement complied with the provisions of the Fair Work Act 2009. Specifically, the Commission needed to assess whether the agreement was made in good faith, whether it was free from coercion or undue influence, and whether it contained the required minimum terms and conditions. The Commission also had to determine whether the agreement provided for a proper process for the resolution of disputes between the parties. The application for approval of the agreement was made by Amrick Civil Pty Ltd, and the Australian Workers’ Union supported the application.

In its decision, the Commission found that the agreement met the requirements of the Fair Work Act 2009. The Commission was satisfied that the agreement was made in good faith, was free from coercion or undue influence, and contained the required minimum terms and conditions. The Commission also found that the agreement provided for a proper process for the resolution of disputes between the parties. The Commission approved the agreement, and it came into effect on the date of the decision. The decision of the Commission is final and binding on the parties.

Amrick Civil 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