ArcStructural Pty Ltd Summary

[2022] FWCA 2480

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

ArcStructural Pty Ltd

(AG2022/2404)

ArcStructural Pty Ltd Workshop Enterprise Agreement 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 22 JULY 2022

Application for approval of the ArcStructural Pty Ltd Workshop Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the ArcStructural Pty Ltd Workshop Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by ArcStructural Pty Ltd. The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, 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 sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The Agreement was approved on 22 July 2022 and, in accordance with s.54, will operate from 29 July 2022. The nominal expiry date of the Agreement is 22 July 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, ArcStructural Pty Ltd applied for the approval of the proposed ArcStructural Pty Ltd Workshop Enterprise Agreement 2022. The application was brought under the Fair Work Act 2009, which mandates that certain agreements be registered to be legally enforceable. The dispute centred on whether the agreement met the legislative requirements and whether it was an appropriate bargain for the employees and employers involved.

The legal issues before the Commission included whether the agreement complied with the procedural requirements of the Fair Work Act and whether it contained all the necessary terms as prescribed by the Act. Additionally, the Commission had to determine if the agreement was a "better off overall test" agreement, meaning it was at least as good as the applicable award or safety net for the employees.

The Fair Work Commission found that the proposed agreement was procedurally sound and contained all the necessary terms. The Commission assessed the "better off overall test" by comparing the proposed agreement with the relevant award and concluded that employees would be better off under the agreement than under the award. The Commission approved the agreement, recognising it as a fair and reasonable bargain for both parties.

The Fair Work Commission approved the ArcStructural Pty Ltd Workshop Enterprise Agreement 2022, which will now be registered and legally enforceable. The agreement is set to commence on the first day of the first calendar month after the registration, ensuring that both employers and employees are aware of their rights and obligations under the new terms.

ArcStructural Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established