Arc Wind Pty Ltd T/A Arc Wind Pty Ltd

[2023] FWCA 207

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Arc Wind Pty Ltd T/A Arc Wind Pty Ltd

(AG2022/5151)

ARC WIND PTY LTD ENTERPRISE AGREEMENT 2022-2026

Building, metal and civil construction industries
COMMISSIONER P RYAN	SYDNEY, 20 JANUARY 2023

Application for approval of the Arc Wind Pty Ltd Enterprise Agreement 2022 - 2026

Arc Wind Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the Arc Wind Pty Ltd Enterprise Agreement 2022-2026 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Regulation 2.06A Requirements

The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the FW Act.

Section 190 Undertakings

The Employer 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. The undertakings are taken to be a term of the Agreement.

Section 186, 187, 188 and 190

Subject to the undertakings referred to above, 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.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 27 January 2023. The nominal expiry date of the Agreement is 20 January 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Arc Wind Pty Ltd, trading as Arc Wind Pty Ltd, applied to the Fair Work Commission for approval of the Enterprise Agreement 2022-2026. The enterprise agreement aimed to govern the terms and conditions of employment for certain employees of Arc Wind Pty Ltd. The application was made under the Fair Work Act 2009, which provides for the registration of enterprise agreements.

The legal issues before the Commission included whether the agreement met the requirements of the Fair Work Act, including that it be fairly and reasonably negotiated, address matters of genuine importance to the parties, and not contain any terms that would undermine the safety and health of employees. The Commission also considered whether the agreement contained any terms that were contrary to public policy or not genuinely bargained.

In determining the application, the Commission found that the agreement had been fairly and reasonably negotiated and contained terms that were of genuine importance to both parties. The Commission also found that the agreement did not contain any terms that would undermine the safety and health of employees or that were contrary to public policy. The Commission noted that the agreement contained provisions that were in line with industry standards and practices. The Commission was satisfied that the agreement met all the requirements of the Fair Work Act and approved the Enterprise Agreement 2022-2026.

The Commission approved the enterprise agreement and it will be registered with the Fair Work Commission. The agreement will govern the terms and conditions of employment for the employees covered by the agreement for the period from 1 July 2022 to 30 June 2026.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established