AWX Labour Pty Ltd

[2023] FWCA 1509

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

AWX Labour Pty Ltd

(AG2023/1187)

AWX LABOUR ENTERPRISE AGREEMENT 2023

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 26 MAY 2023

Application for approval of the AWX Labour Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the AWX Labour Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by AWX Labour Pty Ltd. The Agreement is a single enterprise agreement.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 June 2023. The nominal expiry date of the Agreement is 26 May 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved AWX Labour Pty Ltd, which sought approval of the AWX Labour Enterprise Agreement 2023. The application was made under the Fair Work Act 2009, with the Fair Work Commission being the body responsible for the decision. The dispute centred around whether the agreement met the statutory requirements for approval, particularly whether it complied with the provisions concerning minimum entitlements and the process for determining employee representation.

The legal issues before the court included whether the agreement provided for minimum entitlements as required by the Fair Work Act, and whether the process for determining the employee representatives was conducted fairly and in accordance with the law. Additionally, the court had to consider whether the agreement was made in good faith and whether it met the requirements for being a single, indivisible document.

The court found that the agreement met all statutory requirements for approval. It provided for minimum entitlements and ensured compliance with the relevant sections of the Fair Work Act. The process for determining employee representatives was deemed to be fair and transparent, and the agreement was found to be made in good faith. The court concluded that the agreement was a single, indivisible document and thus eligible for approval. The application for approval was subsequently granted.

The final orders included the approval of the AWX Labour Enterprise Agreement 2023, with the agreement to be registered and binding upon all parties as of the date of the decision. The court ordered that the agreement be published and that all relevant parties be notified of the approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established