Anewx Pty Ltd

[2018] FWCA 181

[2018] FWCA 181

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Anewx Pty Ltd
(AG2017/4197)

ANEWX PTY LTD ENTERPRISE AGREEMENT 2017 - 2020

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 15 JANUARY 2018

Application for approval of the Anewx Pty Ltd Enterprise Agreement 2017 - 2020.

[1] This decision deals with an application for approval of an enterprise agreement known as the Anewx Pty Ltd Enterprise Agreement 2017 - 2020 (“the Agreement”). It is made under s.185 of the Fair Work Act 2009 (the Act) by Anewx Pty Ltd. The Agreement is a single enterprise agreement.

[2] After reviewing the application and the Employer’s Statutory Declaration, together with the terms and conditions contained in the proposed Agreement, the Commission sought further information from the Applicant about various matters. This included clarification about whether the relevant underlying Award was incorporated, and how the notice of termination provisions related to those dealing with part-time employees and the abandonment of employment. Clarification was also sought about the rates of pay to apply to trainees and apprentices.

[3] On 6 October 2017 the Construction, Forestry, Mining and Energy Union forwarded a written submission to the Commission in regard to the application. In an accompanying email the Union acknowledged that it was not a bargaining representative for the Agreement and did not necessarily have standing in the matter. However, it noted that the Commission has a broad discretion to inform itself in relation to any matter in the manner it considers appropriate. It accordingly proposed that its submissions be considered in this context.

[4] On 18 December 2017 the Commission received correspondence on behalf of the Applicant from the New South Wales Branch of the Master Builders Association. That letter did not accept that the CFMEU was entitled to be heard in regard to the application as it was not nominated as a bargaining representative during the course of the bargaining process. However, it did indicate that the Applicant was prepared to provide a series of further undertakings, which included undertakings responding to the issues raised by the CFMEU about the operation of clauses 9.1.5 and 17, which related to taking leave while on workers’ compensation and the operation of the anti – discrimination provisions. It also proposed further undertakings in response to issues raised by the Commission.

[5] A copy of those undertakings is attached in Annexure A. I am satisfied that they will not cause financial detriment to any employee covered by the Agreement or result in substantial changes to the Agreement. The undertakings are accordingly accepted and will now be taken to be terms of the Agreement.

[6] I am otherwise satisfied that each of the requirements contained in ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 January 2017. The nominal expiry date of the Agreement is 14 January 2021.

COMMISSIONER

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ANNEXURE A