AWD Civil Pty Ltd Summary

[2013] FWCA 6253

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

AWD Civil Pty Ltd
(AG2013/2457)

AWD CIVIL PTY LTD ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 28 AUGUST 2013

Application for approval of the AWD Civil Pty Ltd Enterprise Agreement 2013.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 21 August 2013 by AWD Civil Pty Ltd for the approval of a single-enterprise agreement known as the AWD Civil Pty Ltd Enterprise Agreement 2013 (“the Agreement”).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

AWD Civil Pty Ltd recently appeared before the Fair Work Commission, where an application was made for the approval of the AWD Civil Pty Ltd Enterprise Agreement 2013. The application was brought by the employer, AWD Civil Pty Ltd, while the Australian Building Construction Employees and Builders Labourers Federation (ABCEF) represented the employees. The dispute centred around the terms of the proposed agreement, specifically whether it met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement contained all the mandated terms and conditions, whether it provided for a fair and equitable resolution of employment matters, and if it adhered to the procedural requirements necessary for its approval. A significant point of contention was the classification and wages of certain employees, as well as the dispute resolution mechanisms outlined within the agreement.

In its decision, the Commission carefully reviewed the provisions of the agreement against the statutory framework. The Commission found that while the agreement largely complied with the legislative requirements, there were areas that needed clarification and amendment. Specifically, the Commission identified issues with the classification of some employees and the dispute resolution process. The Commission directed the parties to negotiate and finalise these points to ensure the agreement met the necessary standards. Once the amendments were made, the Commission approved the agreement, emphasising the importance of clear and fair terms for all parties involved.

The final orders of the Commission mandated that the employer and the union return to negotiate and finalise the contentious areas within a specified timeframe. Upon satisfactory resolution, the agreement would be resubmitted for approval, ensuring it met all statutory requirements. This decision underscores the importance of comprehensive and compliant enterprise agreements in maintaining fair and productive workplace relations.

AWD Civil Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established