Concept Engineering (Aust) Pty Ltd

[2022] FWCA 1587

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Concept Engineering (Aust) Pty Ltd

(AG2022/1365)

Concept Engineering (Aust) Pty Ltd and Related Entities & The Australian Workers’ Union Agreement 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 13 MAY 2022

Application for approval of the Concept Engineering (Aust) Pty Ltd and Related Entities & The Australian Workers Union Agreement 2022

An application has been made for approval of a greenfields agreement known as the Concept Engineering (Aust) Pty Ltd and Related Entities & The Australian Workers Union Agreement 2022 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Concept Engineering (Aust) Pty Ltd.

This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval have been met.

In accordance with s 187(5)(a) of the Act, I am satisfied that the “Australian Workers’ Union” (AWU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. Pursuant to s 187(5)(b), I am also satisfied that it is in the public interest to approve the Agreement.

The Agreement is approved and in accordance with s 54 of the Act will operate from 20 May 2022. The nominal expiry date of the Agreement is 28 February 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Concept Engineering (Aust) Pty Ltd, along with several related entities, applied for approval of an enterprise agreement with the Australian Workers Union. The agreement in question aimed to regulate employment terms and conditions for the employees of these entities. The primary dispute centred around whether the proposed agreement complied with the necessary statutory requirements and provisions under the Fair Work Act 2009.

The key legal issues before the Commission included whether the agreement met the procedural requirements for registration, such as ensuring proper consultation and negotiation processes were followed. Additionally, the Commission had to determine if the agreement included all mandatory provisions as required by the Act, and whether any of the provisions contravened the 'better off overall test', ensuring that no employee would be worse off under the new agreement.

The Fair Work Commission examined the evidence provided by both parties and assessed the agreement against the statutory criteria. The Commission found that the agreement was the product of genuine negotiations and consultations, fulfilling the procedural requirements. Furthermore, it contained all necessary mandatory provisions and passed the 'better off overall test', as it provided improved terms and conditions for the employees without disadvantaging any. Consequently, the Commission approved the Concept Engineering (Aust) Pty Ltd and Related Entities & The Australian Workers Union Agreement 2022.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established