DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Austral Construction Pty Ltd
(AG2020/2448)

AUSTRAL CONSTRUCTION PTY LTD ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 1 SEPTEMBER 2020

Application for approval of the Austral Construction Pty Ltd Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Austral Construction Pty Ltd Enterprise Agreement 2020 (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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 1 September 2020 and, in accordance with s.54 of the Act, will operate from 8 September 2020. The nominal expiry date of the Agreement is 31 August 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Austral Construction Pty Ltd recently applied to the Fair Work Commission for the approval of the Austral Construction Pty Ltd Enterprise Agreement 2020. The applicant is a small construction business, and the dispute involves the terms and conditions of employment for its workers. The Fair Work Commission was required to determine whether the agreement complied with the Fair Work Act 2009 and other relevant legislation.

The central legal issues were whether the agreement met the requirements for an enterprise agreement under the Act and whether it provided for fair and reasonable terms and conditions of employment. This included assessing the agreement's provisions on wages, hours of work, leave entitlements, and other matters. The Commission also needed to consider the views of the parties and any relevant evidence or submissions.

The Fair Work Commission found that the agreement complied with the Act and provided for fair and reasonable terms and conditions of employment. The Commission noted that the agreement had been negotiated in good faith and that it provided for appropriate safeguards for employees. The applicant had demonstrated that it had taken steps to ensure that the agreement was not detrimental to the employees' interests. The Commission approved the agreement, subject to certain minor modifications to ensure compliance with the Act.

The Fair Work Commission's decision provides guidance on the requirements for an enterprise agreement under the Fair Work Act 2009. The Commission's approval of the Austral Construction Pty Ltd Enterprise Agreement 2020 demonstrates its willingness to support negotiated agreements that provide for fair and reasonable terms and conditions of employment. The decision also highlights the importance of good faith negotiations and appropriate safeguards for employees in enterprise agreements.

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