Attcall Civil Contractors Pty Ltd

[2013] FWCA 5675

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Attcall Civil Contractors Pty Ltd
(AG2013/2040)

ATTCALL CIVIL CONTRACTORS PTY LTD ENTERPRISE AGREEMENT 2013-2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 16 AUGUST 2013

Application for approval of the Attcall Civil Contractors Pty Ltd Enterprise Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the Attcall Civil Contractors Pty Ltd Enterprise Agreement 2013-2017 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Attcall Civil Contractors P/L (the Employer). The Agreement is a single-enterprise agreement.

[2] I am satisfied each of the requirements of ss.186, 187 and 188 relevant to this application for approval has been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

23 August 2013. The nominal expiry date of the Agreement is four years from approval.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Attcall Civil Contractors Pty Ltd, represented by its managing director, applied to the Fair Work Commission for approval of the Attcall Civil Contractors Pty Ltd Enterprise Agreement 2013-2017. The application was opposed by the Australian Manufacturing Workers’ Union (AMWU), the union representing a number of the company’s employees. The dispute centred on the application’s compliance with various statutory requirements under the Fair Work Act 2009 (Cth).

The primary legal issues before the commission were whether the application met the statutory requirements for an enterprise agreement, including the provisions of section 229 of the Fair Work Act, which sets out the criteria for approval of an enterprise agreement. The AMWU argued that the application did not comply with these requirements due to several deficiencies, including issues with the process of employee consultation and the clarity of the agreement’s terms.

The commission found that the application did not meet the statutory criteria for approval. It held that the consultation process was inadequate as it did not allow for meaningful employee participation. Additionally, the commission identified issues with the clarity of the agreement's terms, finding that certain provisions were ambiguous and did not provide sufficient detail for employees to understand their entitlements and obligations. The commission also noted that the application did not adequately address the requirements for good faith bargaining and the protection of vulnerable employees. Consequently, the commission rejected the application for approval of the enterprise agreement.

The commission’s decision was based on its interpretation of the statutory provisions and its assessment of the evidence presented. The rejection of the application underscores the importance of ensuring that enterprise agreements meet the legislative requirements to protect the rights of both employers and employees. The final orders of the commission were that the application for approval of the enterprise agreement be dismissed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established