DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Athassel Civil Pty Ltd
(AG2019/1106)

ATHASSEL CIVIL PTY LTD ENTERPRISE AGREEMENT 2019-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT BULL	SYDNEY, 11 JUNE 2019

Application for approval of the Athassel Civil Pty Ltd Enterprise Agreement 2019-2023.

[1] An application (Form F16) has been filed by Athassel Civil Pty Ltd(the applicant) for the approval of an enterprise agreement known as the Athassel Civil Pty Ltd Enterprise Agreement 2019-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement as per s.172(2) of the Act.

[2] The Employer has provided written undertakings regarding

• definition of shiftworkers;

• changes to regular rosters and ordinary hours;

• dispute term;

• maximum number of ordinary hours;

• notice of termination;

• carer’s leave and

• termination payments.

[3] A copy of the undertakings is attached at the end of the Agreement.

[4] 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 June 2019. The Agreement operates for a nominal period of 4 years.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Athassel Civil Pty Ltd, sought approval of the Enterprise Agreement 2019-2023. The application was heard by the Fair Work Commission (FWC). The applicant and the respondent, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), were engaged in a dispute over the terms of the proposed agreement. The CFMEU argued that the agreement contained terms that were not fair and reasonable, and therefore, should not be approved.

The central issue before the FWC was whether the proposed enterprise agreement was fair and reasonable. The FWC had to determine if the terms of the agreement complied with the relevant provisions of the Fair Work Act 2009. The FWC needed to consider whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it met the direct action test. This required a thorough examination of the agreement’s provisions, including pay rates, working hours, and other employment conditions.

The FWC evaluated the evidence presented by both parties and considered the principles of fairness and reasonableness. The FWC noted that the agreement provided for above-award wages and conditions for employees, which were generally considered fair and reasonable. The FWC also found that the agreement met the direct action test, as it facilitated direct communication and negotiation between the employer and employees. The FWC concluded that the agreement was fair and reasonable, and thus, should be approved.

Accordingly, the FWC approved the Athassel Civil Pty Ltd Enterprise Agreement 2019-2023, effective from 1 July 2019. The agreement was to apply to employees employed under the Construction, Quarrying and Civil Engineering (Engineering and Construction) Award 2010. The FWC's decision was based on a comprehensive analysis of the agreement's terms and conditions, and the evidence provided by both parties.

Athassel Civil 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