DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ashmarc Constructions Pty Ltd
(AG2016/876)

ASHMARC CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2016-2020

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 12 MAY 2016

Application for approval of the Ashmarc Constructions Pty Ltd Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Ashmarc Constructions Pty Ltd Enterprise Agreement 2016-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ashmarc Constructions 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, 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 May 2016. The nominal expiry date of the Agreement is 11 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission (FWC) was called upon to assess the application for approval of the Ashmarc Constructions Pty Ltd Enterprise Agreement 2016-2020. The application was brought forth by the employer, Ashmarc Constructions, and the relevant unions involved in the agreement. The dispute centred on whether the agreement met the requirements under the Fair Work Act 2009, specifically focusing on the criteria for good faith bargaining and whether the terms of the agreement were fair and reasonable.

The primary legal issues before the FWC involved determining if the agreement was made in good faith, if the terms and conditions were fair and reasonable, and if the agreement complied with the provisions of the Fair Work Act. The FWC had to consider if the employer had acted in good faith and if the unions had participated genuinely in the bargaining process. Furthermore, the FWC assessed whether the terms of the agreement were equitable and met the standards set forth by the Act.

In delivering its decision, the FWC examined the bargaining process and the content of the agreement. The Commission found that Ashmarc Constructions had acted in good faith and that the unions had participated genuinely in the negotiations. The terms of the agreement were considered fair and reasonable, aligning with the principles of the Act. Consequently, the FWC approved the application, finding that the agreement met all necessary requirements.

The FWC approved the Ashmarc Constructions Pty Ltd Enterprise Agreement 2016-2020, certifying it as a registered agreement under the Fair Work Act. The decision underscored the importance of good faith bargaining and the necessity for agreements to be fair and reasonable. This approval provides a legally binding framework for the employment relationship between Ashmarc Constructions and the unions involved.

Ashmarc Constructions 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