DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee for the Barnes Trust & the Trustee for the Radmanovic Family Trust and The Trustee for the Mitchell Family Trust T/A AKT Constructions (WA)
(AG2017/1854)

AKT CONSTRUCTIONS ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 5 JUNE 2017

Application for approval of the AKT Constructions Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the AKT Constructions Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Trustee for the Barnes Trust & The Trustee for the Radmanovic Family Trust & The Trustee for the Mitchell Family Trust T/A AKT Constructions (WA). 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 June 2017. The nominal expiry date of the Agreement is 5 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved a dispute between the Trustees for the Barnes Trust, the Radmanovic Family Trust, and the Mitchell Family Trust trading as AKT Constructions (WA) and the applicants. The nature of the dispute centred on the application for approval of the AKT Constructions Enterprise Agreement 2017. The applicants sought to have the agreement approved under the Fair Work Act 2009. The Commission was tasked with determining whether the agreement met the necessary criteria for approval, including whether it provided for fair and reasonable terms and conditions for the employees covered by the agreement.

The primary legal issue before the Commission was whether the AKT Constructions Enterprise Agreement 2017 met the statutory requirements for approval under the Fair Work Act 2009. This involved examining whether the agreement provided for fair and reasonable terms and conditions, including minimum rates of pay, hours of work, leave provisions, and other relevant terms. The Commission also had to consider whether the agreement was negotiated in good faith and whether it complied with other relevant provisions of the Act.

In reaching its decision, the Commission undertook a detailed analysis of the provisions of the AKT Constructions Enterprise Agreement 2017, considering the arguments presented by both the applicants and the various interested parties. The Commission found that the agreement provided for fair and reasonable terms and conditions for the employees covered by the agreement. It was satisfied that the agreement had been negotiated in good faith and that it complied with the requirements of the Fair Work Act 2009. As a result, the Commission approved the application for the agreement to be registered.

The Commission approved the application for the AKT Constructions Enterprise Agreement 2017 to be registered. The agreement was registered on the date of the decision, and it became legally binding on the parties covered by the agreement. The decision of the Commission provided clarity and certainty for the applicants and the employees covered by the agreement, ensuring that they would be governed by the terms and conditions set out in the approved agreement.

The Trustee for the Barnes Trust & the Trustee for the Radmanovic Family Trust and The Trustee for the Mitchell Family Trust T/A AKT Constructions (WA)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established