DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Arenco (NSW) Pty Ltd T/A Arenco
(AG2019/13)

ARENCO CONSTRUCTION ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 1 APRIL 2019

Application for approval of the Arenco Construction Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Arenco Construction Enterprise Agreement 2018 (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 T/A Arenco. 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.

[3] 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. 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 1 April 2019 and, in accordance with s.54, will operate from 8 April 2019. The nominal expiry date of the Agreement is 1 October 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Arenco (NSW) Pty Ltd, trading as Arenco, applied to the Fair Work Commission for approval of the Arenco Construction Enterprise Agreement 2018. The matter was heard by Deputy President C.C. Brown. The dispute involved the classification of certain employees within the agreement and the approval process for the agreement itself.

The primary legal issue before the court was whether the proposed classification of employees within the agreement was appropriate and whether the application for approval of the agreement complied with the relevant legislative requirements. The applicant argued that the classification was fair and reflective of the roles and responsibilities of the employees. The Fair Work Ombudsman contested the application on the basis that the classification of some employees was inaccurate and that the application did not fully comply with the Fair Work Act 2009.

In delivering the decision, the Deputy President found that the classification of the employees in question was generally appropriate and reflective of their roles. However, some minor adjustments were necessary to ensure compliance with the legislative requirements. The Deputy President concluded that the application for approval of the agreement did not fully comply with the statutory provisions, primarily due to the classification issue. After making the necessary adjustments, the Deputy President approved the agreement, finding it to be in the best interests of the employees and the employer.

The final orders of the court included the approval of the Arenco Construction Enterprise Agreement 2018, subject to the minor adjustments made to the classification of certain employees. The agreement was to be registered and made binding on the parties from the date of the decision.

Arenco (NSW) Pty Ltd T/A Arenco

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established