AnewX Pty Ltd

[2024] FWCA 611

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

AnewX Pty Ltd

(AG2024/290)

ANEWX PTY LTD ENTERPRISE AGREEMENT 2024 – 2027

Building, metal and civil construction industries
COMMISSIONER MCKINNON	SYDNEY, 14 FEBRUARY 2024

Application for approval of the AnewX Pty Ltd Enterprise Agreement 2024 – 2027

AnewX Pty Ltd has applied for approval of a single enterprise agreement known as the AnewX Pty Ltd Enterprise Agreement 2024 – 2027 (the Agreement).

On the papers and having regard to the Statement of Principles[1], I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 21 February 2024. The nominal expiry date of the Agreement is 14 February 2027.

COMMISSIONER

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

In the recent decision of AnewX Pty Ltd, the Fair Work Commission was tasked with reviewing and approving an enterprise agreement between AnewX Pty Ltd and its employees. The agreement, spanning from 2024 to 2027, was contested on various grounds by the parties involved. The applicants, representing the employees, argued that certain provisions of the agreement did not meet the legal standards required for approval under the Fair Work Act 2009. Conversely, the employer contended that the agreement was fair and reasonable, providing appropriate protections and benefits to the workforce.

The primary legal issues before the commission involved the compliance of specific clauses within the agreement with the statutory requirements of the Fair Work Act. This included assessing whether the agreement met the "better off overall test," ensuring that employees were not worse off financially, and examining if it complied with the "good faith" requirements. The commission also needed to determine if the agreement adequately addressed the interests of various employee groups and whether it included provisions for minimum entitlements and dispute resolution.

Upon reviewing the evidence and submissions from both parties, the commission found that the agreement generally met the statutory requirements. While some minor adjustments were necessary to ensure full compliance, the overall provisions were deemed fair and reasonable. The commission highlighted that the agreement provided adequate protections and benefits to employees, and it was concluded that the agreement was in the best interests of the workforce. Consequently, the commission approved the enterprise agreement with some modifications to specific clauses to ensure full compliance with the Fair Work Act.

The final orders included the approval of the AnewX Pty Ltd Enterprise Agreement 2024 – 2027, subject to the adjustments made to certain clauses. These modifications were aimed at ensuring that the agreement met all legal standards, particularly the better off overall test and the good faith requirements. The commission directed that the modified agreement be implemented as soon as practicable, ensuring that all parties were aware of the changes and the reasons for them. This decision sets a precedent for similar agreements and underscores the importance of comprehensive compliance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established