DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ASP Civil Australia Pty Ltd
(AG2016/8003)

ASP CIVIL AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 1 MARCH 2017

Application for approval of the ASP Civil Australia Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the ASP Civil Australia Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ASP Civil Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are 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 8 March 2017. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

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CaseChat Overview and Summary

The Fair Work Commission heard an application for the approval of the ASP Civil Australia Pty Ltd Enterprise Agreement 2016, brought by the applicant union, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute involved whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The CFMEU argued that the agreement was appropriate and fair, while objectors raised concerns about specific clauses, particularly those related to pay rates and conditions for employees.

The legal issues before the Commission included whether the agreement complied with the "better off overall test" (BOOT) and whether it contained mandatory terms that were contrary to public policy or unfair. The Commission also had to consider whether the agreement adequately covered all necessary aspects of employment, including minimum wage rates, classification, and dispute resolution mechanisms.

In its decision, the Fair Work Commission found that the agreement was largely compliant with the statutory requirements. The Commission noted that the BOOT was satisfied, as the overall package of wages and conditions was considered to be at least as good as, or better than, the applicable award or registered agreement. The Commission also found that the mandatory terms were not contrary to public policy or unfair, and that the agreement covered all necessary aspects of employment. However, the Commission made minor adjustments to certain clauses to ensure they aligned more closely with the legislative framework. Ultimately, the Commission approved the agreement with these modifications.

The final orders of the Fair Work Commission included the approval of the ASP Civil Australia Pty Ltd Enterprise Agreement 2016, subject to the minor modifications made by the Commission. The agreement was to take effect from the date of the decision, and both parties were directed to comply with its terms. The Commission's decision provided clarity on the requirements for approving enterprise agreements and reinforced the importance of meeting the statutory standards set out in the Fair Work Act 2009.

ASP Civil Australia 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