DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Arenco (NSW) Pty Ltd
(AG2015/1050)

ARENCO CONSTRUCTION ENTERPRISE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 3 JUNE 2015

Application for approval of the Arenco Construction Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known asthe Arenco Construction Enterprise Agreement 2015 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Arenco (NSW) Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 3 June 2019.

COMMISSIONER

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CaseChat Overview and Summary

Arenco (NSW) Pty Ltd applied to the Fair Work Commission for approval of the Arenco Construction Enterprise Agreement 2015 - 2019. The application was opposed by a union representing some of the employees covered by the agreement. The dispute concerned the terms and conditions of employment for workers in the construction industry, specifically addressing wages, working hours, and other employment conditions for the period from 2015 to 2019. The Fair Work Commission, being the relevant authority under the Fair Work Act 2009, was tasked with determining whether the agreement met the legal requirements for approval.

The central legal issues before the Commission involved whether the agreement contained provisions that were contrary to the principles of the Fair Work Act, such as whether it unfairly disadvantaged employees, did not provide for minimum entitlements, or contained terms that were not reasonably necessary to achieve a legitimate workplace outcome. The Commission also considered whether the agreement was genuinely negotiated and whether it provided for the protection of employees' rights and interests.

In delivering its decision, the Commission examined the contents of the agreement and the submissions from both parties. It assessed whether the agreement provided for fair and reasonable terms and conditions, and whether it complied with the statutory requirements for enterprise agreements. The Commission found that the agreement contained provisions that met the legal criteria for approval. It concluded that the agreement was fairly negotiated and provided for adequate terms and conditions for employees. The Commission approved the Arenco Construction Enterprise Agreement 2015 - 2019, dismissing the union's opposition.

Arenco (NSW) 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