DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Construction Products Pty Limited
(AG2016/6261)

AUSTRALIAN CONSTRUCTION PRODUCTS ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 10 NOVEMBER 2016

Application for approval of the Australian Construction Products Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Australian Construction Products Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (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 17 November 2016. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Australian Construction Products Pty Limited applied for approval of the Australian Construction Products Enterprise Agreement 2016. The applicant was a company involved in the construction industry and sought to have the agreement, which contained terms and conditions of employment for its employees, formally approved. The dispute centred on the fairness and appropriateness of the terms outlined in the proposed agreement.

The central legal issues for the Commission to decide were whether the agreement met the statutory requirements for registration under the Fair Work Act 2009, and if it was free from any elements that would render it invalid. This included assessing whether the agreement had been made in accordance with the bargaining process outlined in the Act, whether it provided for proper minimum terms and conditions of employment, and if it complied with the good faith obligations of the parties involved.

After considering the submissions from both parties and the evidence presented, the Commission determined that the agreement met the necessary criteria for approval. It found that the agreement had been made in good faith, adhered to the proper bargaining process, and contained terms that were fair and reasonable for the employees. The Commission was satisfied that the agreement provided for adequate minimum terms and conditions of employment, and that it was consistent with the objectives of the Fair Work Act. Consequently, the application for approval of the Australian Construction Products Enterprise Agreement 2016 was successful.

The final orders of the Commission included the approval of the agreement, which would now be registered and enforceable under the Fair Work Act. The agreement was set to take effect from the date of the Commission's decision, and both the applicant and the employees covered by the agreement were bound by its terms.

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