DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aus Group Alliance Pty Ltd
(AG2017/2978)

AUS GROUP ALLIANCE PTY LTD CONSTRUCTION EMPLOYEES ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 5 OCTOBER 2017

Application for approval of the Aus Group Alliance Pty Ltd Construction Employees Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Aus Group Alliance Pty Ltd Construction Employees Enterprise Agreement 2017 (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 is approved and, in accordance with s.54 of the Act, will operate from 12 October 2017. The nominal expiry date of the Agreement is 4 October 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Aus Group Alliance Pty Ltd, sought approval of the Aus Group Alliance Pty Ltd Construction Employees Enterprise Agreement 2017. The application was made under section 233 of the Fair Work Act 2009 (Cth). The respondents, the Construction, Forestry, Maritime, Mining and Energy Union (CFMMU) and the Association of Construction, Forestry and Maritime Employees (ACM), opposed the application. The respondents argued that the agreement did not meet the 'better off overall test' and failed to adequately address various employment terms and conditions.

The primary legal issue before the court was whether the agreement was in the interests of the employees and met the statutory requirements under the Fair Work Act 2009. This involved determining if the agreement provided employees with a fair and reasonable overall improvement in terms and conditions of employment compared to the applicable awards and if the agreement was made in good faith. The court also had to consider whether the agreement included all necessary provisions and was consistent with the relevant legislation.

The court found that the agreement did not meet the better off overall test as it did not provide sufficient improvements to employees' terms and conditions, particularly in relation to overtime and penalty rates. The court held that the agreement failed to adequately address these areas and, therefore, did not satisfy the statutory requirements. Additionally, the court found that the agreement did not include all necessary provisions and was not made in good faith. As a result, the application for approval was dismissed.

The court ordered that the application for approval of the Aus Group Alliance Pty Ltd Construction Employees Enterprise Agreement 2017 be dismissed. The court also directed that the agreement be returned to the parties for further negotiation and amendment to address the deficiencies identified in the decision.

Aus Group Alliance 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