Conquest Constructions (NSW) Pty Ltd Summary

[2019] FWCA 8151

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Conquest Constructions (NSW) Pty Ltd

(AG2019/4536)

Victorian Elevators Pty Ltd. T/A Forte Life Services ETU / AMWU / Construction & Service Employees Enterprise Agreement 2019-2022

Building, metal and civil construction industries
MELBOURNE, 29 NOVEMBER 2019

Application for approval of the Conquest Constructions (NSW) Pty Ltd Enterprise Agreement 2019 - 2023.

An application has been made for approval of an enterprise agreement known as the Conquest Constructions (NSW) Pty Ltd Enterprise Agreement 2019 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Conquest Constructions (NSW) Pty Ltd. The Agreement is a single enterprise agreement.

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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have each given notice under s.183 of the Act that they wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

The Agreement was approved on 29 November 2019 and, in accordance with s.54, will operate from 6 December 2019. The nominal expiry date of the Agreement is 1 March 2022.

COMMISSIONER

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CaseChat Overview and Summary

In the recent case of Conquest Constructions (NSW) Pty Ltd, the Fair Work Commission was tasked with determining the approval of the Enterprise Agreement 2019 - 2023. This case involved an application from the employer, Conquest Constructions (NSW) Pty Ltd, for the agreement to be made binding on the employees within the organisation. The nature of the dispute was centred around whether the agreement met the legal requirements for approval and whether it was in the best interests of the employees, considering the terms and conditions it proposed.

The legal issues the court was required to decide included whether the agreement was properly certified, whether it was made in good faith, and whether it complied with the provisions of the Fair Work Act 2009. The court also needed to assess whether the agreement provided for fair and reasonable terms and conditions, taking into account the economic and employment context of the industry. Moreover, the court examined whether there was adequate consultation between the employer and the employees during the negotiation process and whether the agreement provided for fair and equitable treatment of all employees.

The Fair Work Commission found that the application for the approval of the Enterprise Agreement was valid and in line with the requirements of the Fair Work Act 2009. The Commission noted that the agreement was certified by an independent third party, was made in good faith, and contained terms and conditions that were fair and reasonable. The Commission also found that there was sufficient consultation between the parties, and the agreement provided for equitable treatment of all employees. As such, the Fair Work Commission approved the application and made the Enterprise Agreement 2019 - 2023 binding on the employees of Conquest Constructions (NSW) Pty Ltd.

Conquest Constructions (NSW) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established