AWD Civil Pty Ltd T/A AWD Summary

[2021] FWCA 6732

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AWD Civil Pty Ltd T/A AWD
(AG2021/8183)

AWD CIVIL PTY LTD ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 17 NOVEMBER 2021

Application for approval of the AWD Civil Pty Ltd Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the AWD Civil 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 AWD Civil Pty Ltd T/A AWD. 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. The undertakings are taken to be a term of 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 24 November 2021. The nominal expiry date of the Agreement is 30 September 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

AWD Civil Pty Ltd, trading as AWD, applied for approval of an enterprise agreement dated 2021. The application was made to the Fair Work Commission, which is responsible for the approval and enforcement of enterprise agreements under Australian labour law. The nature of the dispute was whether the proposed agreement met all legal requirements for approval, including the absence of prohibited content, the protection of employee rights, and compliance with procedural rules.

The legal issues before the Commission involved the interpretation and application of various sections of the Fair Work Act 2009. The Commission needed to determine if the agreement contained any provisions that were outside the scope of what could be contained in an enterprise agreement. It also had to assess if the agreement provided for adequate protections for employees, including minimum wages, entitlements, and conditions. Additionally, the Commission examined whether the necessary procedural steps had been followed, such as proper notification to employees and the provision of an explanatory statement.

The Commission found that the agreement did not contain any provisions that were prohibited by law. It was noted that the agreement provided for fair and reasonable terms and conditions for employees, including adherence to minimum wage rates and other statutory entitlements. The procedural requirements were also satisfied, as employees were adequately informed and provided with the necessary explanatory materials. Consequently, the Commission approved the agreement, finding it to be in compliance with all relevant legal standards.

No further orders were required as the approval of the enterprise agreement was the primary objective of the application. The decision was made in favour of AWD Civil Pty Ltd, and the agreement was officially approved and registered.

AWD Civil Pty Ltd T/A AWD

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established