DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Armstrong Contracting Pty Ltd
(AG2017/3253)

ARMSTRONG CONTRACTING PTY LTD ENTERPRISE AGREEMENT 2017 – 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 22 NOVEMBER 2017

Application for approval of the Armstrong Contracting Pty Ltd Enterprise Agreement 2017 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Armstrong Contracting Pty Ltd 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 Armstrong 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 22 November 2017 and, in accordance with s.54, will operate from 29 November 2017. The nominal expiry date of the Agreement is 22 November 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Armstrong Contracting Pty Ltd sought approval of an enterprise agreement that it had negotiated with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The agreement was to cover a period of four years, from 2017 to 2021. The dispute arose from concerns about the fairness and compliance of the agreement with the relevant federal industrial legislation. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement was made in good faith, whether it contained appropriate processes for resolving disputes, and if it adhered to the provisions of the Fair Work Act. The Commission also needed to consider whether the agreement provided fair and reasonable terms and conditions for the employees covered by it. Specifically, the CFMEU raised objections to certain clauses regarding the classification of employees, hours of work, and the resolution of disputes, arguing they were unfair or did not comply with the statutory requirements.

In its decision, the Commission examined the process by which the agreement was negotiated and the content of the agreement itself. It considered whether the process was free from any coercion or unfair labour practices and whether the terms were fair and reasonable in light of the bargaining positions of the parties. The Commission found that the agreement had been negotiated in good faith and that the terms were fair and reasonable. It also found that the dispute resolution provisions were adequate and that the agreement did not contravene any provisions of the Fair Work Act. Consequently, the Commission approved the enterprise agreement.

The Commission's final order was that the Armstrong Contracting Pty Ltd Enterprise Agreement 2017 - 2021 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the decision. This approval meant that the agreement would govern the employment terms and conditions of the employees covered by it for the duration of its operation.

Armstrong 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