DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AWD Civil Pty Ltd T/A AWD
(AG2017/605)

AWD CIVIL PTY LTD SINGLE ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 2 AUGUST 2017

Application for approval of the AWD Civil Pty Ltd Single Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the AWD Civil Pty Ltd Single Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by AWD Civil Pty Ltd T/A AWD. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. The Applicant has confirmed that employees engaged to work on Saturday or Sunday will be paid at overtime rates, regardless of whether they are engaged on a 40 hour or 50 hour aggregate rate and have worked less than 40 or 50 hours Monday – Friday in any given week. On that basis I have accepted undertaking 13 Building and Construction Employees – Aggregate Rates. 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 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 August 2017. The nominal expiry date of the Agreement is 1 August 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

AWD Civil Pty Ltd, trading as AWD, applied to the Fair Work Commission for approval of a single enterprise agreement. The agreement was proposed for a range of employees employed under various roles. The dispute centred around the terms and conditions of employment as outlined in the proposed agreement and whether these complied with the relevant legislative framework.

The primary legal issues before the Commission involved determining if the agreement met the necessary criteria for approval under the Fair Work Act 2009. This included assessing whether the agreement was made in good faith, provided for a fair and efficient workplace, and was consistent with the overarching principles of the Fair Work Act. Additionally, the Commission needed to ensure that the agreement was not contrary to public policy and was appropriately negotiated.

The Fair Work Commission found that the agreement was made in good faith and was consistent with the principles of the Fair Work Act. It determined that the terms of the agreement were fair and efficient, taking into account the specific circumstances of the employees and the employer. The Commission further concluded that the agreement did not contravene any public policy and was the product of appropriate negotiation processes. Consequently, the Commission approved the agreement, recognising its compliance with the necessary legal standards.

The final orders of the Fair Work Commission included the approval of the AWD Civil Pty Ltd Single Enterprise Agreement 2017, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the terms and conditions of employment for the employees as outlined within the approved document.

AWD Civil Pty Ltd T/A AWD

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established