DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Anewx Pty Ltd
(AG2020/4063)

ANEWX PTY LTD ENTERPRISE AGREEMENT 2020 - 2023

Building, metal and civil construction industries
COMMISSIONER YILMAZ	MELBOURNE, 5 FEBRUARY 2021

Application for approval of the Anewx Pty Ltd Enterprise Agreement 2020 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the Anewx Pty Ltd Enterprise Agreement 2020 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Anewx Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54, will operate from 12 February 2021. The nominal expiry date of the Agreement is 4 February 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission was brought by Anewx Pty Ltd, a company seeking approval of an enterprise agreement with its employees. The nature of the dispute involved the terms and conditions of employment as outlined in the proposed agreement for the period 2020 to 2023. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues the court needed to address were whether the enterprise agreement complied with the procedural and substantive requirements set out in the Act. Procedurally, the court had to ensure that the agreement was genuinely negotiated and that the process followed adhered to the legal standards. Substantively, the court had to confirm that the terms of the agreement did not adversely affect the employees' rights or entitlements under the safety net and were not contrary to public policy.

The court found that the negotiation process was robust and transparent, involving both parties in meaningful discussions. The agreement itself was examined for compliance with the statutory requirements, including provisions on wages, hours of work, and other employment conditions. After thorough consideration, the court concluded that the agreement was fairly negotiated and did not contain any provisions that were contrary to public policy or detrimental to employees’ safety net rights. The court approved the enterprise agreement, thereby allowing it to take effect from the stipulated period.

No additional final orders were made beyond the approval of the enterprise agreement.

Anewx 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