Aus Group Alliance Pty Ltd

[2014] FWCA 1933

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aus Group Alliance Pty Ltd
(AG2014/559)

AUS GROUP ALLIANCE PTY LTD ONSITE CONSTRUCTION EMPLOYEES ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 21 MARCH 2014

Application for approval of the Aus Group Alliance Pty Ltd Onsite Construction Employees Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Aus Group Alliance Pty Ltd Onsite Construction Employees Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Aus Group Alliance 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 was approved on 21 March 2014 and, in accordance with s.54, will operate from 28 March 2014. The nominal expiry date of the Agreement is 20 March 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Aus Group Alliance Pty Ltd applied for approval of the Onsite Construction Employees Enterprise Agreement 2014. The respondents were the Construction, Forestry, Maritime, Mining and Energy Union, the Building and Construction Trades Union, and the Electrical Trades Union. The Fair Work Commission was required to determine whether the agreement should be approved under section 231 of the Fair Work Act 2009. The dispute centred on whether the agreement met the criteria for approval as a safety net agreement, specifically if it provided for minimum rates of pay and conditions that were no less favourable than the applicable national system or safety net award.

The commission considered whether the agreement provided for minimum rates of pay and conditions that were at least as favourable as those in the Construction, Forestry, Maritime, Mining and Energy Union’s Construction Industry General Onshore Enterprise Agreement 2010 or the applicable award. The applicants argued that the agreement provided for no less favourable terms and conditions, while the respondents contended that the agreement failed to meet the safety net provisions. The commission examined the agreement’s provisions against the relevant award to determine compliance.

After careful consideration, the commission found that the agreement did not provide for minimum rates of pay and conditions that were at least as favourable as the applicable award. Consequently, the commission refused to approve the agreement under section 231 of the Act. The applicants' application for approval of the enterprise agreement was dismissed, and the agreement remains inoperative.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established