DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AWJ Civil Pty Ltd
(AG2016/5613)

AWJ CIVIL PTY LTD ENTERPRISE AGREEMENT 2016-2020

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 19 OCTOBER 2016

Application for approval of the AWJ Civil Pty Ltd Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the AWJ Civil Pty Ltd Enterprise Agreement 2016-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by AWJ Civil Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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 is approved and, in accordance with s.54 of the Act, will operate from 26 October 2016. The nominal expiry date of the Agreement is 18 October 2020.

COMMISSIONER

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CaseChat Overview and Summary

AWJ Civil Pty Ltd recently applied to the Fair Work Commission for approval of an enterprise agreement with its employees. The agreement, covering the period from 2016 to 2020, was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute came before the Fair Work Commission, which was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement was a "better off overall test" (BOOT) agreement. This requires that the proposed agreement provides employees with at least the same terms and conditions as they would have under the applicable award or modern award, and that it provides them with improved terms and conditions overall. The Commission also had to consider whether the agreement met the requirements for "single interest" and "no disadvantage" agreements.

In delivering its decision, the Commission noted that the agreement provided for wage increases and other benefits for employees, which met the BOOT. It found that the agreement was a single interest agreement, as it was made by a single employer with a single group of employees. The Commission also concluded that the agreement did not disadvantage any employee in comparison to their award entitlements. As a result, the Commission approved the agreement, finding that it met all the necessary criteria for approval under the Fair Work Act.

The Commission's decision highlights the importance of ensuring that enterprise agreements provide improved terms and conditions for employees, while also meeting the legal requirements for approval. Employers and unions must carefully consider the terms of any proposed agreement to ensure that it is likely to be approved by the Commission.

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