DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construct Commercial Personnel Pty Ltd
(AG2016/7586)

CONSTRUCT COMMERCIAL PERSONNEL PTY LTD AND THE AUSTRALIAN WORKERS UNION CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 12 JANUARY 2017

Application for approval of the Construct Commercial Personnel Pty Ltd and The Australian Workers Union Construction Industry Enterprise Agreement 2016.

[1] An application has been made for approval of a greenfields agreement known as the Construct Commercial Personnel Pty Ltd and The Australian Workers Union Construction Industry Enterprise Agreement 2016 (Agreement). The application was made by Construct Commercial Personnel Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 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 are 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. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Applicant 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.

[4] 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.

[5] 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.

[6] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with The Australian Workers’ Union and that the Agreement covers these organisations.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 January 2017. The nominal expiry date of the Agreement is 1 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the matter of an application for approval of the Construct Commercial Personnel Pty Ltd and The Australian Workers Union Construction Industry Enterprise Agreement 2016, the Fair Work Commission was tasked with determining whether the agreement should be certified as a single-employer enterprise agreement. The applicant, Construct Commercial Personnel Pty Ltd, sought certification of the agreement, while the Australian Workers Union supported the application. The primary legal issue before the Commission was whether the agreement met the criteria for approval under the Fair Work Act 2009, specifically focusing on whether it could be certified as a single-employer enterprise agreement given the complexities and nuances of the construction industry's multi-employer landscape.

The Commission considered the specific provisions of the agreement, the nature of the industry, and the roles and responsibilities of the involved parties. It examined whether the agreement provided for fair and reasonable terms and conditions for employees and whether it was made in good faith and without coercion. The Commission also assessed the fairness of the agreement's provisions, ensuring that it addressed the needs and interests of both the employer and the employees, and whether it complied with the statutory requirements set out in the Fair Work Act 2009.

Upon reviewing the evidence and arguments presented, the Fair Work Commission concluded that the agreement was made in good faith and without coercion, and it provided for fair and reasonable terms and conditions for the employees. The Commission found that the agreement met the necessary criteria for approval and was suitable for certification as a single-employer enterprise agreement. The decision took into account the unique characteristics of the construction industry and the specific circumstances of the agreement, ensuring that it was fair and balanced for all parties involved.

The Commission approved the Construct Commercial Personnel Pty Ltd and The Australian Workers Union Construction Industry Enterprise Agreement 2016 as a single-employer enterprise agreement. This decision provides legal certainty and clarity for the parties involved, ensuring that the agreement will govern the employment conditions for the employees covered by the agreement. The approval allows the agreement to be registered with the Fair Work Ombudsman, providing a framework for fair and equitable employment practices within the construction industry.

Construct Commercial Personnel Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established