DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stilcon Holdings Pty Ltd
(AG2019/2258)

STILCON SITE SERVICES PTY LTD AND AMWU METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2017-2020

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 2 AUGUST 2019

Application for approval of the Stilcon Site Services Pty ltd and AMWU Metal Engineering On-Site Construction Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Stilcon Site Services Pty ltd and AMWU 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 Stilcon Holdings Pty Ltd. 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. 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.

[4] 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.

[5] The Agreement was approved on 2 August 2019 and, in accordance with s.54, will operate from 9 August 2019. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Federal Circuit Court, the applicant, Stilcon Holdings Pty Ltd, sought approval for the Stilcon Site Services Pty Ltd and AMWU Metal Engineering On-Site Construction Agreement 2017-2020. The dispute arose from the negotiation and implementation of the agreement, which was intended to cover employment terms for workers on a specific construction site. The court was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the court was whether the agreement contained all the necessary provisions as required by section 234 of the Fair Work Act. This included assessing whether the agreement provided for minimum terms and conditions, and if it included a genuine enterprise agreement. The court also needed to consider if the agreement was free from any procedural irregularities and whether the process followed was compliant with the relevant provisions of the Act.

The court found that the agreement met the necessary criteria and was free from procedural irregularities. It was determined that the agreement contained all the required minimum terms and conditions and was genuinely negotiated between the parties. The court was satisfied that the process followed was compliant with the requirements of the Act. Consequently, the court approved the agreement, finding it to be a valid and enforceable enterprise agreement under the Fair Work Act.

The final orders of the court included the approval of the Stilcon Site Services Pty Ltd and AMWU Metal Engineering On-Site Construction Agreement 2017-2020, effective from the date of the court's decision. The agreement was registered with the Fair Work Commission, and it became a binding enterprise agreement between Stilcon Holdings Pty Ltd and the Australian Manufacturing Workers' Union.

Stilcon Holdings 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