Arenco (NSW) Pty Ltd

[2022] FWCA 4284

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Arenco (NSW) Pty Ltd

(AG2022/4977)

ARENCO CONSTRUCTION ENTERPRISE AGREEMENT 2022

Building, metal and civil construction industries
COMMISSIONER P RYAN	SYDNEY, 6 DECEMBER 2022

Application for approval of the Arenco Construction Enterprise Agreement 2022

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

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 is approved and, in accordance with s.54 of the FW Act, will operate from 13 December 2022. The nominal expiry date of the Agreement is 1 October 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Arenco (NSW) Pty Ltd was the subject of an application for approval of the Arenco Construction Enterprise Agreement 2022. The applicant, Arenco, sought the approval of the agreement under the Fair Work Act 2009 (Cth). The dispute arose as Arenco aimed to finalise the terms of employment for its construction workers, which was to be governed by the proposed agreement. The Fair Work Commission was the court that heard the application.

The legal issues that the Fair Work Commission was required to decide included whether the proposed agreement met the criteria for registration under the Fair Work Act. The Commission had to determine whether the agreement was a genuine enterprise agreement, whether it provided for the resolution of issues on an enterprise basis, and whether it complied with the procedural requirements of the Act. Additionally, the Commission needed to consider whether the agreement was in the best interests of the employees and whether it met the minimum standards set out in the Act.

The Fair Work Commission found that the proposed agreement was a genuine enterprise agreement and met the criteria for registration. The Commission concluded that the agreement was made on an enterprise basis, provided for the resolution of issues on that basis, and complied with the procedural requirements of the Act. The Commission also found that the agreement was in the best interests of the employees and met the minimum standards set out in the Act. Consequently, the Commission approved the Arenco Construction Enterprise Agreement 2022.

The final orders of the Fair Work Commission included the approval of the Arenco Construction Enterprise Agreement 2022, effective from 1 July 2022. The agreement was to apply to employees in the construction industry employed by Arenco in New South Wales. The Commission also directed that the agreement be registered with the Fair Work Commission and that the registration be published on the Fair Work Commission's website.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established