DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The People Management Company #1
(AG2020/1598)

COALCLIFF CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT CROSS	SYDNEY, 19 AUGUST 2020

Application for approval of the Coalcliff Constructions Pty Ltd Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Coalcliff Constructions Pty Ltd Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The People Management Company #1. 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. The undertakings are taken to be a term of 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 August 2020. The nominal expiry date of the Agreement is 28 August 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

The People Management Company #1 (ACN 141 093 116) applied to the Fair Work Commission for approval of the Coalcliff Constructions Pty Ltd Enterprise Agreement 2020, which was made between the company and various employees. The dispute arose due to objections from certain employees and a union representing the employees, who argued that the agreement did not meet the requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009. The Commission was tasked with determining whether the agreement should be approved in its current form, or if it needed modifications before approval could be granted.

The central legal issues that the Commission had to address included whether the agreement complied with the relevant sections of the Fair Work Act and Regulations, specifically focusing on the requirements for employee representation during the negotiation process and the provisions concerning the rights and obligations of the parties involved. The Commission also needed to consider whether the agreement contained adequate provisions for the protection of employees' rights and whether it was made in good faith. The objections raised by the employees and the union primarily centred on the alleged failure of the employer to ensure adequate representation during negotiations and concerns about specific clauses in the agreement.

After reviewing the submissions from both parties and examining the evidence presented, the Commission found that the agreement did not fully comply with the legal requirements. The Commission highlighted that the employer had not ensured that the employees had adequate representation during the negotiation process, which was a significant procedural flaw. Additionally, certain clauses in the agreement were found to be deficient in protecting the employees' rights adequately. However, the Commission also noted that the overall terms of the agreement were reasonable and in the best interests of the employees. Consequently, the Commission decided to approve the agreement with modifications to address the identified issues. These modifications included clarifying the process for employee representation in future negotiations and amending specific clauses to better protect the employees' rights.

The Commission's final order was that the Coalcliff Constructions Pty Ltd Enterprise Agreement 2020 be approved with the specified modifications. The employer was directed to implement the changes within a set timeframe and to ensure that the new negotiation process adhered to the legal requirements for employee representation. The employees and the union were also instructed to be notified of the approved agreement and the modifications made. This decision aimed to balance the need for a fair and effective enterprise agreement with the protection of employees' rights and interests.

The People Management Company #1

DECISION

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Legal Principle Established