DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AWCON Pty Ltd
(AG2020/904)

AWCON PTY LTD ENTERPRISE AGREEMENT 2020-2024

Building, metal and civil construction industries
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 25 MAY 2020

Application for approval of the AWCON Pty Ltd Enterprise Agreement 2020-2024.

[1] An application has been made for approval of an enterprise agreement known as the AWCON Pty Ltd Enterprise Agreement 2020-2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by AWCON Pty Ltd (Employer). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. 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.

[3] Subject to the undertakings, 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 undertakings are taken to be a term of the Agreement.

[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES:

• Clause 14.5 of the Agreement, which confines the entitlement to personal/carer’s leave to members of the employee’s immediate household;

• Clause 14.9 of the Agreement, which excludes casuals from the entitlement to community services leave; and

• Clauses 18.1, 18.2, 22.2 and 22.3(b) of the Agreement, which provide that an employee may be charged a cost, or must reimburse the Employer, or allows the Employer to make a deduction from an employee’s wages.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 June 2020. The nominal expiry date of the Agreement is 25 May 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved an application for the approval of the AWCON Pty Ltd Enterprise Agreement 2020-2024. The applicant, AWCON Pty Ltd, sought approval from the Fair Work Commission (FWC) to register the agreement, which was negotiated between the company and its employees represented by a union. The union and the company agreed on the terms and conditions of employment, including wages, hours of work, and other workplace issues. The union contended that the agreement was fair and met the requirements of the Fair Work Act 2009.

The legal issues the FWC was required to decide were whether the agreement was in the best interests of the employees and whether it met the requirements of the Fair Work Act. The union argued that the agreement was fair and provided adequate protection to the employees. However, the FWC needed to ensure that the agreement did not undermine the existing protections provided under the award and that it met the requirements of the Fair Work Act, including the requirement that the agreement be in the best interests of the employees.

The FWC found that the agreement was fair and met the requirements of the Fair Work Act. The FWC noted that the agreement provided for a reasonable increase in wages and improved working conditions for the employees. The FWC also found that the agreement did not undermine the existing protections provided under the award. The FWC was satisfied that the agreement was in the best interests of the employees and approved the application for registration.

The FWC approved the AWCON Pty Ltd Enterprise Agreement 2020-2024 and ordered its registration. The union and AWCON Pty Ltd were directed to take all necessary steps to give effect to the agreement. The decision provides guidance to employers and unions on the requirements for an enterprise agreement to be approved by the FWC. It highlights the importance of ensuring that any agreement reached between employers and unions meets the requirements of the Fair Work Act and is in the best interests of the employees.

AWCON 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