DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Axis Constructions (SA) Pty Ltd
(AG2018/2360)

AXIS CONSTRUCTIONS (SA) PTY LTD ENTERPRISE AGREEMENT 2018 - 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 17 AUGUST 2018

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

[1] An application has been made for approval of an enterprise agreement known as the Axis Constructions (SA) 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 (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 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 24 August 2018. The nominal expiry date of the Agreement is 16 August 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Axis Constructions (SA) Pty Ltd, an entity within the construction industry, applied to the Fair Work Commission for approval of an enterprise agreement. The agreement, proposed for the period 2018-2022, aimed to govern the terms and conditions of employment for employees within the company. The dispute centred on the fairness and compliance of the proposed agreement with the relevant legislative framework, specifically the Fair Work Act 2009. The Fair Work Commission, exercising its jurisdiction under the Act, was tasked with assessing the application and determining whether the agreement met the necessary criteria for approval.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act, particularly concerning the provisions related to minimum entitlements, procedural fairness, and the proper application of the Act. The Commission needed to ensure that the agreement did not disadvantage employees in terms of pay, conditions, or leave entitlements compared to the applicable national safety net and that it adhered to the principles of procedural fairness. Additionally, the Commission examined whether the agreement had been genuinely negotiated and if it appropriately addressed the needs of both employers and employees.

In reaching its decision, the Commission meticulously reviewed the application and the proposed agreement. It considered the evidence provided by both parties and assessed whether the agreement provided for fair and reasonable terms. The Commission determined that the proposed agreement was compliant with the legislative requirements and met the necessary criteria for approval. It found that the agreement provided for fair and reasonable terms and conditions of employment, did not disadvantage employees, and had been genuinely negotiated. Consequently, the Commission approved the application and granted the enterprise agreement, ensuring that it would govern the employment terms and conditions for the specified period.

The Fair Work Commission approved the enterprise agreement proposed by Axis Constructions (SA) Pty Ltd, confirming its compliance with the Fair Work Act and its appropriateness for governing the employment terms and conditions within the company. The decision underscores the importance of ensuring that enterprise agreements are fair, genuinely negotiated, and meet the legislative requirements to protect the rights of both employers and employees.

Axis Constructions (SA) Pty Ltd

DECISION

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