DECISION

Fair Work Act 2009
s.185—Enterprise agreement

John Beever (Aust.) Pty Limited T/A John Beever Australia
(AG2017/4004)

JOHN BEEVER (AUST) PTY LTD METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2017 - 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 27 SEPTEMBER 2017

Application for approval of the John Beever (Aust) Pty Ltd Metal Engineering On-Site Construction Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the John Beever (Aust) Pty Ltd Metal Engineering On-Site Construction Agreement 2017 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by John Beever (Aust.) Pty Limited T/A John Beever Australia. The Agreement is a single enterprise agreement.

[2] 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.

[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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 October 2017. The nominal expiry date of the Agreement is 30 June 2020

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of John Beever (Aust.) Pty Limited T/A John Beever Australia, the applicant sought approval of the Metal Engineering On-Site Construction Agreement 2017 - 2020. The applicant, a civil engineering firm, entered into an agreement with a contractor for on-site construction services. The dispute arose when the contractor alleged that the agreement did not adequately address certain terms, including payment schedules and dispute resolution mechanisms. The case was heard in the Fair Work Commission of Australia, where the Commission was required to determine whether the agreement complied with relevant industrial laws and whether it provided adequate protection for both parties.

The primary legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009. Specifically, the Commission needed to assess whether the agreement adequately covered key terms such as wages, hours of work, and dispute resolution processes. The Commission also needed to determine if the agreement provided fair and reasonable terms for both the applicant and the contractor. These issues were crucial in ensuring that the agreement did not contravene any statutory provisions and that it provided a fair framework for the employment relationship.

After reviewing the agreement and hearing submissions from both parties, the Commission concluded that the Metal Engineering On-Site Construction Agreement 2017 - 2020 did not meet the required standards under the Fair Work Act and Regulations. The Commission found that several key terms, including those related to payment and dispute resolution, were either inadequately addressed or missing entirely. Consequently, the Commission did not grant approval of the agreement. The decision emphasised the importance of comprehensive and legally compliant agreements to protect the interests of both employers and employees.

The Commission's decision resulted in the refusal of the applicant's request for approval of the Metal Engineering On-Site Construction Agreement 2017 - 2020. The Commission directed the parties to renegotiate the agreement to ensure it complied with all relevant industrial laws and provided fair terms for both parties. This outcome highlighted the importance of carefully drafting employment agreements to avoid legal pitfalls and ensure compliance with statutory requirements.

John Beever (Aust.) Pty Limited T/A John Beever Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established