The Trustee For The 6P Construction Unit Trust T/A 6P Construction Summary

[2024] FWCA 4452

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Trustee For The 6P Construction Unit Trust T/A 6P Construction

(AG2024/4392)

6P CONSTRUCTION MAJOR PROJECTS ENTERPRISE AGREEMENT 2024

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 12 DECEMBER 2024

Application for approval of the 6P Construction Major Projects Enterprise Agreement 2024

The Trustee For The 6P Construction Unit Trust T/A 6P Construction (the Employer) has applied for approval of an enterprise agreement known as the 6P Construction Major Projects Enterprise Agreement 2024 (the Agreement). The Agreement is a single-enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, commencing operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 23 September 2024 and the Agreement was made on 25 October 2024. Accordingly, the genuine agreement requirements and the better off overall test requirements are those applying on and from 6 June 2023.

I have taken into consideration the material filed in the Commission. 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 s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 December 2024. The nominal expiry date of the Agreement is 12 December 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case before the Fair Work Commission, the applicant, the Trustee for the 6P Construction Unit Trust trading as 6P Construction, applied for the approval of the 6P Construction Major Projects Enterprise Agreement 2024. The dispute involved the terms and conditions under which employees of the company would be governed, specifically concerning wages, hours of work, and other employment-related matters. The Commission was tasked with determining whether the agreement met the necessary requirements under the Fair Work Act 2009.

The central legal issues revolved around whether the agreement provided for fair and reasonable terms and conditions, and whether it was made in good faith and without coercion. The Commission had to assess the bargaining process, the content of the agreement, and whether it satisfied the provisions of the Act. The applicant argued that the agreement was fair and reasonable, and that it was negotiated in good faith. The Commission needed to evaluate these claims in light of the evidence presented.

After examining the evidence and the provisions of the Act, the Commission concluded that the agreement met the necessary requirements for approval. The Commission found that the agreement provided for fair and reasonable terms and conditions and that it was made in good faith. The Commission was satisfied that the applicant had discharged the onus of proving that the agreement was appropriate for registration. Therefore, the Commission approved the 6P Construction Major Projects Enterprise Agreement 2024.

The Trustee For The 6P Construction Unit Trust T/A 6P Construction

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established