DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trust of All in One Contracting T/A AIO Contracting Pty Ltd
(AG2017/4893)

AIO CONTRACTING PTY LTD AND AMWU METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2017 - 2020

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 30 JANUARY 2018

Application for approval of the AIO CONTRACTING 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 AIO CONTRACTING 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 The Trust of All In One Contracting T/A AIO Contracting Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 February 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of a new enterprise agreement between AIO Contracting Pty Ltd and the Australian Manufacturing Workers' Union (AMWU). The application was heard in the Fair Work Commission, the industrial relations tribunal in Australia. The AMWU sought approval for the AIO CONTRACTING PTY LTD and AMWU Metal Engineering On-Site Construction Agreement 2017-2020, which aimed to regulate the terms and conditions of employment for workers employed by AIO Contracting Pty Ltd.

The primary legal issue before the court was whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the court had to determine if the agreement met the minimum standards set out in the Act, including the provisions related to minimum wages, penalty rates, leave entitlements, and other employment conditions. The court also needed to consider whether the agreement was made in good faith and if it was procedurally sound.

In assessing the agreement, the court considered the submissions from both parties and examined the content of the proposed agreement. The court found that the agreement met the minimum standards required by the Fair Work Act 2009, including the provisions related to minimum wages, penalty rates, and leave entitlements. The court also determined that the agreement was made in good faith and that the proper procedures were followed in its creation. Based on these findings, the court approved the AIO CONTRACTING PTY LTD and AMWU Metal Engineering On-Site Construction Agreement 2017-2020.

The Fair Work Commission approved the AIO CONTRACTING PTY LTD and AMWU Metal Engineering On-Site Construction Agreement 2017-2020, effective from 1 July 2017. The approval ensures that the terms and conditions of employment for workers employed by AIO Contracting Pty Ltd are regulated by the agreed-upon provisions, subject to the Fair Work Act 2009.

The Trust of All in One Contracting T/A AIO Contracting 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