DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Armos Contracting Pty Ltd
(AG2017/4657)

ARMOS CONTRACTING PTY LTD AND EMPLOYEES OF ARMOS CONTRACTING PTY LTD SINGLE ENTERPRISE AGREEMENT 2017- 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 10 NOVEMBER 2017

Application for approval of the Armos Contracting Pty Ltd and Employees of Armos Contracting Pty Ltd Single Enterprise Agreement 2017- 2021.

[1] An application has been made for approval of an enterprise agreement known as the Armos Contracting Pty Ltd and Employees of Armos Contracting Pty Ltd Single Enterprise Agreement 2017- 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Armos Contracting Pty Ltd. The agreement is a single enterprise agreement.

[2] The Applicant 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The Agreement was approved on 10 November 2017 and, in accordance with s.54, will operate from 17 November 2017. The nominal expiry date of the Agreement is 21 September 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Armos Contracting Pty Ltd and the employees of the company sought approval of a single enterprise agreement. The Fair Work Commission was asked to assess the application for approval of the agreement. The application raised questions about the fairness of the agreement, its compliance with the Fair Work Act, and the process by which the agreement was made.

The Commission examined the agreement to determine if it met the criteria set out in the Fair Work Act. The key issues were whether the agreement was made in good faith, whether it contained terms that were consistent with the Fair Work (Registered Organisations) Act 2009, and whether the agreement was procedurally fair. The Commission also considered if the agreement provided for a minimum rate of pay and entitlements in line with the National Employment Standards.

In reaching its decision, the Commission noted that the agreement had been made in good faith and was consistent with the relevant legislation. The Commission found that the agreement contained appropriate terms and conditions and was procedurally fair. The Commission also determined that the agreement provided for minimum rates of pay and entitlements that were in line with the National Employment Standards. Given these findings, the Commission approved the application for the agreement to be registered.

The Commission ordered that the Armos Contracting Pty Ltd and Employees of Armos Contracting Pty Ltd Single Enterprise Agreement 2017-2021 be approved and registered. The decision was made on the basis that the agreement met the requirements of the Fair Work Act and was fair and reasonable in all the circumstances. The agreement was to be registered and would be in effect from the date of the decision.

Armos Contracting 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