DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Austructure Services Pty Ltd T/A Austructure Services Pty Ltd
(AG2020/3059)

AUSTRUCTURE SERVICES PTY LTD ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 23 OCTOBER 2020

Application for approval of the Austructure Services Pty Ltd Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Austructure Services Pty Ltd Enterprise Agreement 2021 (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 T/A Austructure Services 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 October 2020. The nominal expiry date of the Agreement is 30 September 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The matter before the Fair Work Commission involved an application by Austructure Services Pty Ltd for the approval of the Enterprise Agreement 2021. The applicant, Austructure Services, sought to have the proposed agreement recognised as a registered agreement under the Fair Work Act 2009. The dispute was primarily focused on the terms and conditions outlined in the proposed agreement, which was intended to govern the employment of its workers. The Commission was tasked with determining whether the agreement met the necessary criteria for approval, including whether it provided for fair and reasonable terms and conditions of employment.

The key legal issues before the Commission involved assessing whether the proposed agreement satisfied the requirements set forth in the Fair Work Act. This included evaluating whether the agreement provided for minimum rates of pay, leave entitlements, and other terms and conditions that were fair and reasonable. The Commission also needed to consider whether the agreement complied with the procedural fairness requirements, ensuring that it was made in good faith and without coercion. Additionally, the Commission had to examine whether the agreement appropriately balanced the rights and obligations of both the employer and the employees.

In its decision, the Commission thoroughly examined the provisions of the proposed agreement and considered the submissions made by both parties. The Commission found that the agreement met the necessary criteria for approval. It determined that the terms and conditions of employment were fair and reasonable, providing adequate protections for the employees while also being practical for the business operations of Austructure Services. The Commission was satisfied that the agreement was made in good faith and without any coercion, thereby fulfilling the procedural fairness requirements. Consequently, the Commission approved the Enterprise Agreement 2021, recognising it as a registered agreement under the Fair Work Act.

As a result of the Commission's decision, the Austructure Services Pty Ltd Enterprise Agreement 2021 was approved and registered. This decision ensured that the terms and conditions outlined in the agreement would be legally binding and enforceable for the duration of the agreement. The approval of the agreement provided certainty and stability to both the employer and employees, establishing a clear framework for their employment relationship.

Austructure Services Pty Ltd T/A Austructure Services 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