DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Arc 3 Pty Ltd
(AG2019/5094)

ARC 3 ENTERPRISE AGREEMENT 2019 - 2023

Building, metal and civil construction industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 24 JANUARY 2020

Application for approval of the Arc 3 Enterprise Agreement 2019 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the Arc 3 Enterprise Agreement 2019 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Arc 3 Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval 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.

[4] The Agreement was approved on 24 January 2020 and, in accordance with s.54, will operate from 31 January 2020. The nominal expiry date of the Agreement is 23 January 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Arc 3 Pty Ltd, represented by the employer, applied to the Fair Work Commission for the approval of the Arc 3 Enterprise Agreement 2019 - 2023. The applicant sought to have the agreement registered under the Fair Work Act 2009. The dispute arose from the negotiation and terms of the proposed enterprise agreement, which was intended to govern the employment conditions of employees within the company.

The primary legal issue before the court was whether the proposed agreement met the statutory requirements for approval under the Fair Work Act. This included examining if the agreement had been made in good faith, if it provided for the terms and conditions of employment of the employees covered by the agreement, and if it complied with the minimum entitlements set out in the Act. Additionally, the court needed to determine if the agreement had been fairly negotiated and if it met the procedural requirements for registration.

In delivering its decision, the court considered the evidence presented by both parties and the relevant provisions of the Fair Work Act. The court found that the agreement had been made in good faith and that it provided for the terms and conditions of employment as required. The court also found that the agreement did not disadvantage employees in terms of their minimum entitlements and had been fairly negotiated. The court was satisfied that the procedural requirements for registration had been met, and accordingly, the application for approval was granted. The court ordered that the Arc 3 Enterprise Agreement 2019 - 2023 be registered under the Fair Work Act.

Arc 3 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