AWPM (N.S.W) Pty Ltd Summary

[2014] FWCA 7942

FAIR WORK COMMISSION

DECISION

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

AWPM (N.S.W) Pty Ltd
(AG2014/7370)

AWPM (NSW) PTY LTD ENTERPRISE AGREEMENT

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 10 NOVEMBER 2014

Application for approval of the AWPM (NSW) Pty ltd Enterprise Agreement.

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

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

[3] Fair Work Commission received correspondence dated 3 November 2014, which included Undertakings related to the superannuation provisions at clause 22 of the Agreement, made by and duly signed by David Greene, Director, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 10 November 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by AWPM (NSW) Pty Ltd for approval of an enterprise agreement. The applicant sought to finalise a new agreement with its employees, aiming to regulate various terms and conditions of employment. The dispute centred around the specific provisions of the proposed agreement and whether they complied with the relevant legislative framework, particularly the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement was appropriate for endorsement, ensuring it met the necessary criteria for fairness and compliance.

The primary legal issues addressed by the Commission involved assessing the fairness and compliance of the proposed agreement. This included scrutinising the procedural fairness of the agreement's negotiation process, examining whether the agreement provided for minimum entitlements and protections as stipulated by the Fair Work Act, and evaluating whether the agreement was free from any prohibited content. The Commission also considered whether the agreement appropriately addressed the specific needs and circumstances of the employees involved, ensuring it was not unduly harsh, oppressive, or discriminatory.

The Commission meticulously reviewed the evidence and submissions presented by both parties. It found that the negotiation process was fair and transparent, with adequate opportunities for employee representation. The proposed agreement was deemed to provide for minimum entitlements as required by the Fair Work Act, and it did not contain any provisions that were considered harsh, oppressive, or discriminatory. After thorough analysis, the Commission concluded that the agreement met the necessary criteria for approval and was in the best interest of the employees. Consequently, the Commission granted its approval for the AWPM (NSW) Pty Ltd Enterprise Agreement to be registered.

The Fair Work Commission's decision was finalised with specific orders that the AWPM (NSW) Pty Ltd Enterprise Agreement be approved and registered under the Fair Work Act. The agreement was to take effect from a specified date, and all parties were directed to comply with its terms and conditions. This ruling ensures that the employees of AWPM (NSW) Pty Ltd will be governed by the terms of the newly approved enterprise agreement, providing clarity and stability in their employment conditions.

AWPM (N.S.W) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established