DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Andrew Walter Constructions Pty Ltd T/A Andrew Walter Constructions
(AG2019/578)

ANDREW WALTER CONSTRUCTIONS WORKERS ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 30 MAY 2019

Application for approval of the Andrew Walter Constructions Workers Enterprise Agreement 2018.

[1] Andrew Walter Constructions Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Andrew Walter Constructions Workers Enterprise Agreement 2018 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement.

[3] Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and accompanying statutory declaration, 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.

[5] The Agreement was approved on 30 May 2019 and, in accordance with s 54, will operate from 6 June 2019. The nominal expiry date of the Agreement is 30 May 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Andrew Walter Constructions Pty Ltd, trading as Andrew Walter Constructions, a decision was rendered by the Fair Work Commission concerning an application for the approval of the Andrew Walter Constructions Workers Enterprise Agreement 2018. The application was filed by the employer, Andrew Walter Constructions Pty Ltd, seeking approval of the enterprise agreement that had been negotiated between the company and its employees. The agreement in question addressed various terms and conditions of employment, including wages, hours of work, and other workplace matters.

The legal issues that the court had to decide upon involved verifying whether the enterprise agreement met the necessary requirements under the Fair Work Act 2009, such as ensuring that the agreement was made in good faith, covered appropriate bargaining, and did not contain any terms that would be contrary to public policy or undermine the safety and health of employees. The court also needed to ensure that the agreement was properly certified by the Australian Building and Construction Commission as being free from any prohibited content.

In rendering its decision, the court found that the enterprise agreement was made in good faith and that the necessary processes for its negotiation and execution had been followed. The court also found that the agreement contained no terms that would be contrary to public policy or detrimental to the safety and health of employees. Additionally, the agreement had been certified by the Australian Building and Construction Commission as being free from any prohibited content. Given these findings, the court approved the application for the agreement's approval.

Accordingly, the court ordered that the Andrew Walter Constructions Workers Enterprise Agreement 2018 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the court's decision. This decision ensures that the terms and conditions of employment outlined in the enterprise agreement are legally binding and enforceable for the employees of Andrew Walter Constructions Pty Ltd.

Andrew Walter Constructions Pty Ltd T/A Andrew Walter Constructions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established