Axis Constructions Pty Ltd Summary

[2014] FWCA 1015

FAIR WORK COMMISSION

DECISION

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

Axis Constructions Pty Ltd
(AG2014/82)

AXIS CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2013 - 2017

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

Application for approval of the Axis Constructions Pty Ltd Enterprise Agreement 2013 - 2017.

[1] An application has been made for approval of an enterprise agreement known asthe Axis Constructions Pty Ltd Enterprise Agreement 2013 - 2017 (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 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] 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 February 2018.

COMMISSIONER

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CaseChat Overview and Summary

Axis Constructions Pty Ltd applied for approval of their Enterprise Agreement 2013-2017 before the Fair Work Commission (FWC). The applicant, a construction company, sought to have the agreement registered under the Fair Work Act 2009. The dispute involved the terms and conditions of employment for the workers, as well as the procedures for resolving disputes.

The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act and if the agreement was in the best interests of the employees. Specifically, the Commission needed to determine if the agreement was free from coercion and if it provided for the proper regulation of working conditions. The applicant argued that the agreement was a genuine bargain between the parties and provided for fair terms of employment.

The Fair Work Commission approved the agreement after finding that it met all the requirements of the Fair Work Act. The Commission found that the agreement was a genuine bargain and that the process for its negotiation and approval was fair and transparent. The Commission also found that the agreement provided for fair terms of employment and that it was in the best interests of the employees. The applicant's argument that the agreement was a genuine bargain and that the process for its negotiation and approval was fair and transparent was successful. The agreement was approved and registered under the Fair Work Act.

The Fair Work Commission approved the Enterprise Agreement 2013-2017 and registered it under the Fair Work Act. The applicant's argument that the agreement was a genuine bargain and that the process for its negotiation and approval was fair and transparent was successful. The Commission found that the agreement met all the requirements of the Fair Work Act and that it was in the best interests of the employees.

Axis Constructions Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established