DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Construction Products Pty Limited
(AG2019/5062)

AUSTRALIAN CONSTRUCTION PRODUCTS ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 15 JANUARY 2020

Application for approval of the Australian Construction Products Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Australian Construction Products Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Australian Construction Products Pty Limited. 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 January 2020. The nominal expiry date of the Agreement is 1 July 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Australian Construction Products Pty Limited, sought approval for the Australian Construction Products Enterprise Agreement 2019 under section 232 of the Fair Work Act 2009. The application was before the Fair Work Commission, which was required to determine whether the agreement met the criteria for registration as a registered agreement. The respondent, the Australian Manufacturing Workers’ Union, did not object to the application, but the Australian Building and Construction Employees and Builders Labourers Federation intervened, arguing that the agreement did not meet the criteria for approval.

The central issue before the Commission was whether the agreement complied with the requirements of section 231 of the Act, specifically whether it facilitated the improved productivity of the participants and the avoidance of workplace disputes. The applicant argued that the agreement improved productivity by providing for a more efficient and streamlined process for the handling of disputes, while the intervener argued that the agreement did not adequately protect the rights of employees. The Commission had to consider whether the agreement met the criteria for approval, taking into account the views of the parties and any relevant evidence.

After considering the arguments of the parties and the evidence presented, the Commission found that the agreement met the criteria for approval. The Commission found that the agreement facilitated the improved productivity of the participants by providing for a more efficient and streamlined process for the handling of disputes, and that it was likely to avoid workplace disputes. The Commission also found that the agreement did not unduly discriminate against any person and did not have the effect of reducing the rate of wages or other conditions of employment. The intervener's concerns about the protection of employees' rights were not sufficient to outweigh the benefits of the agreement.

The Commission approved the Australian Construction Products Enterprise Agreement 2019 as a registered agreement. The applicant was ordered to take all necessary steps to give effect to the agreement, and the agreement was registered as a registered agreement under section 186 of the Act. The intervener's objections were dismissed.

Australian Construction Products Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established