DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Austral Construction Pty Ltd
(AG2017/1499)

AUSTRAL CONSTRUCTION PTY LTD ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 17 MAY 2017

Application for approval of the Austral Construction Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Austral Construction Pty Ltd 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 Austral Construction 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 July 2017. The nominal expiry date of the Agreement is 1 July 2020.

COMMISSIONER

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CaseChat Overview and Summary

Austral Construction Pty Ltd applied to the Fair Work Commission for approval of the Austral Construction Pty Ltd Enterprise Agreement 2017. The dispute involved the validity and enforceability of the agreement under the Fair Work Act 2009. The Commission was tasked with determining whether the agreement met the statutory requirements for an enterprise agreement, including the necessity of ensuring the agreement was free from any contraventions of the Act and that it was genuinely bargained.

The primary legal issues before the Commission were whether the agreement was made in good faith, whether it was genuinely an enterprise agreement, and whether it complied with the procedural and substantive requirements set out in the Fair Work Act. The employer argued that the agreement was the product of genuine negotiations, while the employee representatives contended that the agreement did not adequately reflect the outcomes of such negotiations. The Commission had to weigh the evidence presented regarding the negotiation process and the contents of the agreement.

In its decision, the Fair Work Commission found that the agreement was indeed the product of genuine negotiations, as evidenced by the participation of both parties and the detailed records of the discussions. The Commission concluded that the agreement was comprehensive and included provisions that addressed key terms of employment, thereby meeting the criteria for an enterprise agreement. The Commission approved the agreement, noting that it was free from any contraventions of the Act and met all necessary legal requirements. The Commission’s decision was grounded in the procedural fairness of the negotiation process and the substantive compliance of the agreement with the statutory framework.

The final orders included the approval of the Austral Construction Pty Ltd Enterprise Agreement 2017, with the agreement to be registered and in force from the date of the Commission's decision. The agreement was to be binding on all parties from that date, with no further objections being entertained unless a further application was made in accordance with the Act.

Austral Construction 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