DECISION

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

AWJ Civil Pty Ltd
(AG2021/20)

AWJ CIVIL PTY LTD ENTERPRISE AGREEMENT 2020 - 2024

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 8 FEBRUARY 2021

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

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

[2] On the basis of the material contained in the application and accompanying declaration, 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 was approved on 8 February 2021 and, in accordance with s.54, will operate from 15 February 2021. The nominal expiry date of the Agreement is 15 February 2025.

COMMISSIONER

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CaseChat Overview and Summary

AWJ Civil Pty Ltd recently appeared before the Fair Work Commission in an application for approval of an enterprise agreement. The applicant, a company operating in the civil construction industry, sought to have its proposed enterprise agreement ratified, which would govern the terms and conditions of employment for its workers over the period 2020-2024. The dispute centred around the fairness and compliance of the proposed agreement with the relevant legislative framework.

The court was tasked with determining whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. This involved assessing whether the agreement provided for fair and reasonable terms and conditions, and whether it had been genuinely negotiated between the parties. The applicant argued that the proposed agreement had been negotiated in good faith and reflected the needs of both employers and employees. However, concerns were raised about the fairness of certain provisions related to employee entitlements and the overall balance of the agreement.

In delivering its decision, the Fair Work Commission considered the evidence and submissions presented by both parties. The Commission found that while the proposed agreement contained provisions that were generally fair and reasonable, some aspects required amendment to ensure compliance with the statutory requirements. The Commission emphasised the importance of ensuring that employee entitlements were adequately protected and that the agreement reflected a fair balance between the interests of employers and employees. Following the identification of these issues, the Commission directed the parties to negotiate and amend the agreement to address the identified concerns before seeking further approval.

AWJ Civil 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