DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ANCO Australia Group Pty Ltd
(AG2019/4084)

ANCO AUSTRALIA GROUP PTY LTD NATIONAL ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 4 NOVEMBER 2019

Application for approval of the ANCO Australia Group Pty Ltd National Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the ANCO Australia Group Pty Ltd National Enterprise Agreement 2019 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of sections 186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 11 November 2019. The nominal expiry date of the Agreement is 3 November 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

ANCO Australia Group Pty Ltd sought approval for their 2019 National Enterprise Agreement, a process that required judicial oversight. The application was brought before the Fair Work Commission, which is responsible for assessing the fairness of such agreements under Australian industrial relations law. The central dispute involved whether the agreement met the requisite standards for approval as stipulated in the Fair Work Act 2009.

The legal issues before the Commission centred on the provisions of the agreement, particularly whether it adequately protected the rights and interests of the employees covered by it. The key points of contention included the terms of pay, working conditions, and the process for resolving disputes. The Commission had to determine if the agreement was genuinely negotiated, free from coercion, and whether it provided a safety net of minimum terms and conditions.

The Commission assessed the evidence provided and concluded that the agreement was the product of genuine bargaining and did not disadvantage the employees. The terms were deemed fair and reasonable, providing adequate protection and meeting the statutory requirements. The Commission found no evidence of coercion or unfair labour practices. Consequently, the application for approval was successful, and the agreement was endorsed as a valid National Enterprise Agreement.

The Fair Work Commission approved the 2019 ANCO Australia Group Pty Ltd National Enterprise Agreement, affirming its compliance with the relevant industrial relations laws. This decision validates the terms negotiated between the employer and employees, setting the standards for their working relationship.

ANCO Australia Group 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