Aus Group Alliance Pty Ltd T/A Aus Group Alliance Pty Ltd

[2021] FWCA 6726

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aus Group Alliance Pty Ltd T/A Aus Group Alliance Pty Ltd
(AG2021/7959)

AUS GROUP ALLIANCE PTY LTD CONSTRUCTION EMPLOYEES ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 17 NOVEMBER 2021

Application for approval of the Aus Group Alliance Pty Ltd Construction Employees Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Aus Group Alliance Pty Ltd Construction Employees Enterprise Agreement 2021 (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 T/A Aus Group Alliance Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE513915 PR735870

CaseChat Overview and Summary

In the Fair Work Commission, Aus Group Alliance Pty Ltd applied for the approval of the Aus Group Alliance Pty Ltd Construction Employees Enterprise Agreement 2021. The applicant sought to have the agreement registered and made applicable to its employees who are engaged in the construction industry. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) which raised objections to specific provisions of the agreement.

The key legal issues before the Commission included whether the agreement complied with the requirements of the Fair Work Act 2009, specifically whether it met the minimum entitlements, included genuine bargaining, and whether it was made in good faith. The CFMEU argued that certain provisions did not meet the mandated minimum standards and questioned the genuineness of the bargaining process.

The Commission examined the terms of the agreement, including minimum wage rates, penalty rates, leave provisions, and other conditions of employment. It considered the evidence provided by both parties regarding the bargaining process and the context in which the agreement was made. After reviewing the submissions and evidence, the Commission found that the agreement did comply with the statutory requirements and was made in good faith. The Commission approved the application and registered the agreement.

The Commission made orders approving the Aus Group Alliance Pty Ltd Construction Employees Enterprise Agreement 2021. The agreement was registered and made applicable to the employees of the applicant from the date of the decision. The CFMEU's objections were dismissed, and the agreement was deemed to meet all legal standards set out in the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established