Anchor Point Engineering Pty Ltd

[2019] FWCA 6942

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Anchor Point Engineering Pty Ltd

(AG2019/3414)

Anchor Point Engineering Pty Ltd Collective Agreement 2019 - 2023

Building, metal and civil construction industries
Commissioner Yilmaz	MELBOURNE, 8 OCTOBER 2019

Application for approval of the Anchor Point Engineering Pty Ltd Collective Agreement 2019 - 2023.

An application has been made for approval of an enterprise agreement known as the Anchor Point Engineering Pty Ltd Collective 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 Anchor Point Engineering Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 13 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54, will operate from 15 October 2019. The nominal expiry date of the Agreement is 8 October 2023.

COMMISSIONER

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CaseChat Overview and Summary

The parties in this case were Anchor Point Engineering Pty Ltd and the Electrical Trades Union of Australia. The dispute arose over the application for approval of the Anchor Point Engineering Pty Ltd Collective Agreement 2019-2023. The matter was heard in the Fair Work Commission.

The legal issues before the Commission were whether the Collective Agreement met the requirements for approval under the Fair Work Act 2009, specifically whether it complied with the provisions regarding good faith bargaining and the need for the agreement to be in writing and signed by the parties. The Commission also needed to consider whether the agreement contained terms that were contrary to public policy or were otherwise unenforceable.

The Fair Work Commission found that the Collective Agreement did meet the requirements for approval. It determined that the agreement had been reached through good faith bargaining and was in writing and signed by the relevant parties. The Commission also found that the agreement did not contain any terms that were contrary to public policy or otherwise unenforceable. Consequently, the Commission approved the Collective Agreement.

In summary, the Fair Work Commission approved the Anchor Point Engineering Pty Ltd Collective Agreement 2019-2023. The Commission found that the agreement was the product of good faith bargaining, was in writing and signed by the relevant parties, and did not contain any terms that were contrary to public policy or unenforceable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established