DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AXIS Constructions Pty Ltd
(AG2018/2325)

AXIS CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2018 - 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 13 AUGUST 2018

Application for approval of the Axis Constructions Pty Ltd Enterprise Agreement 2018 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Axis Constructions Pty Ltd Enterprise Agreement 2018 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Axis Constructions 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 20 August 2018. The nominal expiry date of the Agreement is 12 August 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Australian Industrial Relations Commission involved AXIS Constructions Pty Ltd and their employees represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The central issue was the application for the approval of the Enterprise Agreement between the parties for the period 2018 to 2022. The matter was heard in the Fair Work Commission, an independent statutory body responsible for ensuring the proper functioning of the workplace relations system in Australia.

The legal issues before the Commission revolved around whether the Enterprise Agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement contained the mandated minimum terms and conditions, whether it had been genuinely negotiated between the parties, and if it was free from any improper conduct that would render it invalid. The CFMEU raised concerns about certain clauses within the agreement, arguing that they did not meet the statutory minimum standards and were not the product of genuine bargaining.

In delivering its decision, the Commission examined the negotiation process and the content of the agreement. The Commission found that the agreement had been genuinely negotiated between the parties and contained all the required minimum terms and conditions. The Commission was satisfied that there had been no improper conduct and that the agreement was in the best interests of the employees. Consequently, the Commission approved the Enterprise Agreement, rejecting the objections raised by the CFMEU.

The Fair Work Commission approved the Enterprise Agreement between AXIS Constructions Pty Ltd and the CFMEU for the period 2018 to 2022, finding that it complied with all legal requirements and was the product of genuine negotiations. The Commission dismissed the objections raised by the CFMEU and determined that the agreement was in the best interests of the employees. The decision was made in accordance with the Fair Work Act 2009, and the agreement now stands as a legally binding contract between the parties.

AXIS Constructions 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