Attcall Civil Contractors Pty Ltd T/A Attcall Civil Contractors

[2021] FWCA 6695

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Attcall Civil Contractors Pty Ltd T/A Attcall Civil Contractors
(AG2021/7928)

ATTCALL CIVIL CONTRACTORS PTY LTD AND EMPLOYEES ENTERPRISE AGREEMENT 2021-2025

Building, metal and civil construction industries
DEPUTY PRESIDENT CROSS	SYDNEY, 15 NOVEMBER 2021

Application for approval of the Attcall Civil Contractors Pty Ltd and Employees Enterprise Agreement 2021-2025

[1] An application has been made for approval of an enterprise agreement known as the Attcall Civil Contractors Pty Ltd and Employees Enterprise Agreement 2021-2025 (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 Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this approval. The nominal expiry date of the Agreement is 15 November 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Attcall Civil Contractors Pty Ltd, trading as Attcall Civil Contractors, and its employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred on the application for approval of the Attcall Civil Contractors Pty Ltd and Employees Enterprise Agreement 2021-2025. The Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009. This involved assessing the agreement's compliance with the Act's provisions, particularly regarding the bargaining process, the content of the agreement, and its fairness to the employees.

The legal issues before the Commission included whether the agreement was genuinely negotiated between the employer and the employees, whether it adhered to the procedural fairness principles, and whether it complied with the substantive requirements set out in the Act. The Commission also considered whether the agreement covered all the necessary matters and if it ensured employees' pay and conditions were not less favourable than those provided under the relevant industrial instrument or the general industrial relations system. Additionally, the Commission had to assess if the agreement included any provisions that were contrary to public policy or contravened any other Act.

The Fair Work Commission found that the agreement had been genuinely negotiated and was procedurally fair, meeting the requirements under the Act. The Commission determined that the agreement complied with all the necessary substantive requirements, including ensuring that employees' pay and conditions were not less favourable than those provided under the relevant industrial instrument or the general industrial relations system. The Commission also concluded that the agreement did not include any provisions that were contrary to public policy or contravened any other Act. Consequently, the Commission approved the Attcall Civil Contractors Pty Ltd and Employees Enterprise Agreement 2021-2025.

The Fair Work Commission approved the Attcall Civil Contractors Pty Ltd and Employees Enterprise Agreement 2021-2025, effective from the date of the decision. The agreement was declared to be a registered agreement under section 173 of the Fair Work Act 2009. This decision confirmed the agreement's validity and ensured that it would govern the employment conditions of the employees of Attcall Civil Contractors Pty Ltd for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established