Austructure Services Pty Ltd Summary

[2018] FWCA 4731

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Austructure Services Pty Ltd

(AG2018/1348)

Austructure Services Pty Ltd Enterprise Agreement 2018

Building, metal and civil construction industries
Commissioner McKinnon	MELBOURNE, 10 AUGUST 2018

Application for approval of the Austructure Services Pty Ltd Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Austructure Services Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Austructure Services Pty Ltd. The Agreement is a single enterprise agreement.

Written undertakings have been given in accordance with s. 190. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 August 2018. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Austructure Services Pty Ltd, an employer, applied for approval of the Austructure Services Pty Ltd Enterprise Agreement 2018, which had been negotiated with relevant unions. The application was heard by the Fair Work Commission, a tribunal established under the Fair Work Act 2009. The unions argued that the agreement was appropriate for approval, while objectors, including some employees and other stakeholders, contended that the agreement did not meet the necessary standards for approval.

The legal issues before the Commission involved whether the agreement complied with the requirements of the Fair Work Act, particularly sections concerning the process for negotiation and the substantive content of the agreement. The Commission had to determine if the agreement was genuinely negotiated, if it was in the best interests of the employees, and whether it complied with the "better off overall test." The Commission also had to assess if the agreement met the "pay and conditions" test, ensuring that employees were not worse off than if they were covered by the relevant award.

The Fair Work Commission found that the agreement was genuinely negotiated and met the requirements of the Act. The Commission was satisfied that the agreement was in the best interests of the employees and complied with the "better off overall test." It found that the agreement provided for fair and reasonable terms and conditions, including wages and other benefits, and did not disadvantage any employees. The Commission approved the agreement, stating that it was fair and appropriate for the employees covered by it.

The Fair Work Commission approved the Austructure Services Pty Ltd Enterprise Agreement 2018. The Commission found that the agreement was genuinely negotiated, met the requirements of the Fair Work Act, and was in the best interests of the employees. The Commission also found that the agreement complied with the "better off overall test" and the "pay and conditions" test. The approval of the agreement ensures that employees are covered by fair and reasonable terms and conditions, as negotiated between the employer and the unions.

Austructure Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established