Axis Constructions (SA) Pty Ltd Summary

[2014] FWCA 705

FAIR WORK COMMISSION

DECISION

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

Axis Constructions (SA) Pty Ltd
(AG2013/12102)

AXIS CONSTRUCTIONS (SA) PTY LTD ENTERPRISE AGREEMENT 2013 - 2017

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 31 JANUARY 2014

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

[1] An application has been made for approval of an enterprise agreement known as the Axis Constructions (SA) 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 (SA) Pty Ltd. 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 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 8 February 2014. The nominal expiry date of the Agreement is 7 February 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Axis Constructions (SA) Pty Ltd, sought approval of their enterprise agreement 2013-2017. The application was before the Fair Work Commission. The nature of the dispute involved the terms and conditions of employment within the construction industry, specifically addressing the rights and obligations of both employers and employees as stipulated in the proposed agreement.

The legal issues before the court included whether the proposed agreement met the statutory requirements under the Fair Work Act 2009, such as ensuring fairness, providing for genuine bargaining, and not undermining the minimum safety net of entitlements. Additionally, the court needed to determine if the agreement complied with the procedural requirements for its approval, including proper notification and the opportunity for relevant parties to make submissions.

The court examined the evidence and submissions presented, considering the terms of the agreement in light of the statutory criteria. It found that the proposed agreement contained provisions that were not in accordance with the minimum safety net of entitlements, specifically regarding the minimum wages and penalty rates. Consequently, the court determined that the agreement did not meet the statutory requirements for approval and dismissed the application for approval.

The final orders of the court were that the application for the approval of the enterprise agreement 2013-2017 be dismissed, and the agreement did not meet the necessary criteria for approval under the Fair Work Act 2009.

Axis Constructions (SA) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established