ATB Morton (NSW) Pty Ltd

[2025] FWCA 909

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

ATB Morton (NSW) Pty Ltd

(AG2025/481)

ATB MORTON NSW PTY LTD ENTERPRISE AGREEMENT 2024

Building services
DEPUTY PRESIDENT BOYCE	SYDNEY, 14 MARCH 2025

Application for approval of the ATB Morton NSW Pty Ltd Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement to be known as the ATB Morton NSW Pty Ltd Enterprise Agreement 2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by ATB Morton (NSW) Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 13 March 2025. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Building and Construction General On-Site Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Model and/or flexibility clause

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 March 2025. The nominal expiry date of the Agreement is 14 March 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, ATB Morton (NSW) Pty Ltd, applied to the Fair Work Commission for approval of their 2024 enterprise agreement. The application arose from a dispute between the company and the relevant employees' union regarding the terms and conditions of employment. The Fair Work Commission, as the designated authority for approving enterprise agreements, was tasked with determining whether the agreement met the necessary criteria for approval.

The central legal issues before the Commission were whether the agreement provided fair and reasonable terms for the employees and whether it complied with the relevant provisions of the Fair Work Act 2009. The Commission examined the agreement's provisions concerning wages, working hours, leave entitlements, and other employment conditions. The union argued that certain aspects of the agreement unfairly disadvantaged the employees, while the company maintained that the agreement was fair and balanced.

The Fair Work Commission determined that the agreement substantially met the criteria for approval. The Commission found that the terms and conditions provided in the agreement were fair and reasonable, and they complied with the requirements of the Fair Work Act. The Commission also concluded that the agreement did not have an adverse effect on the employees' conditions of employment. Based on these findings, the Commission approved the 2024 enterprise agreement between ATB Morton (NSW) Pty Ltd and the relevant employees' union.

The Fair Work Commission approved the 2024 enterprise agreement between ATB Morton (NSW) Pty Ltd and the relevant employees' union. The Commission found that the agreement provided fair and reasonable terms for the employees and complied with the Fair Work Act. The union's objections were not upheld, and the agreement was approved as presented. This decision ensures that the terms and conditions of employment for the employees will be governed by the new enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established