DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Can-Weld Contracting Pty Ltd T/A Can-Weld Contracting
(AG2018/4795)

CAN-WELD CONTRACTING PTY LTD ENTERPRISE AGREEMENT 2018-2022

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 18 APRIL 2019

Application for approval of the Can-Weld Contracting Pty Ltd Enterprise Agreement 2018-2022.

[1] An application has been made for approval of an enterprise agreement known as the Can-Weld Contracting 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 Can-Weld Contracting Pty Ltd T/A Can-Weld Contracting. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 April 2019. The nominal expiry date of the Agreement is 17 April 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Can-Weld Contracting Pty Ltd, trading as Can-Weld Contracting, applied for the approval of the Can-Weld Contracting Pty Ltd Enterprise Agreement 2018-2022. The application was brought before the Fair Work Commission (FWC) as it required the Fair Work Ombudsman to determine whether the agreement met the requirements of the Fair Work Act 2009. The dispute centred on whether the agreement sufficiently met the statutory requirements for approval, particularly concerning the provisions related to employment conditions and employee rights.

The primary legal issues the FWC was required to address included whether the agreement contained all the prescribed minimum terms as outlined in the Fair Work Act, and whether it was made in accordance with the relevant provisions of the Act. Additionally, the FWC had to assess if the agreement ensured genuine bargaining had taken place between the employer and the employees, and if it adhered to the procedural fairness requirements.

In its reasoning, the FWC noted that the agreement contained all the prescribed minimum terms and conditions as stipulated by the Fair Work Act. The FWC found that the agreement had been made in accordance with the relevant provisions of the Act, ensuring it was certified as a single-enterprise agreement. The FWC also determined that there was evidence of genuine bargaining, and the agreement met the procedural fairness requirements. Consequently, the FWC approved the Can-Weld Contracting Pty Ltd Enterprise Agreement 2018-2022.

Can-Weld Contracting Pty Ltd T/A Can-Weld Contracting

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established