Application for approval of the AK Civil & Construction Pty Ltd Enterprise Agreement 2024

[1] AK Civil & Construction Pty Ltd ("the Employer") has applied for approval of an enterprise agreement known as AK Civil & Construction Pty Ltd Enterprise Agreement 2024 ("the Agreement"). The Application was made under section 185 of the Fair Work Act 2009 ("the Fair Work Act"). The Agreement is a single enterprise agreement.

[2] In explaining the Agreements terms to employees, the Employer provided a document summarising those terms ("the summary document"). The summary document describes casual conversion arrangements. Due to recent legislative reforms, that description may be more restrictive than the arrangements currently provided for in the National Employment Standards ("NES"). The Employer submits the explanation was reasonably consistent with the NES, and undertook to the Commission that all casual employees would be provided with a copy of the Fair Work Information Statement for casuals. If any person was led into error by this part of the summary document, and voted for the Agreement as a consequence, then they are unlikely to have voted differently if the arrangement turned out to be more beneficial for them.

[3] The summary document refers to maximum daily hours which do not appear to have been included in the Agreement. The Employer has provided an undertaking in that regard.

[4] The summary document provides classification matching which is in different terms with that provided in the employer's declaration (F17). The Employer submits the information in the summary document provides an illustration to employees of the difference in the classification range and rates of pay of the Agreement against the Building and Construction General On-site Award 2020 ("the Award"). I have reviewed the summary document together with the Award and I accept the Employer's submission in that regard.

[5] The Agreement provides a delegates' rights term which is drafted almost identically to the term in clause 36A of the Award, but omits the provisions in paragraphs 36A.7(b) and 36A.8(d). The Employer offered an undertaking that cl 36A of the Award would apply. In light of that undertaking I take it the Employer accepts that the Agreement does not contain a delegates' rights term that meets the requirements of section 205A of the Fair Work Act. Pursuant to that section, clause 36A of the Award is taken to be a term of the Agreement.

[6] Noting clause 4 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards ("NES") in the Fair Work Act will prevail where there is an inconsistency between the Agreement and the NES.

[7] The Employer has given written undertakings in accordance with section 190 of the Fair Work Act. The undertakings are attached as Annexure A to this decision. I am satisfied that the undertakings are not likely to cause financial detriment to any employee covered by the Agreement and do not result in substantial changes to the Agreement. The undertakings are taken to be terms of the Agreement.

[8] With the undertaking now given, and after having regard to the Statement of Principles on Genuine Agreement as well as the application and declarations filed in this matter, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Fair Work Act, as are relevant to this application for approval, have been met.

[9] The Agreement is approved and will operate in accordance with section 54 of the Fair Work Act. The nominal expiry date of the Agreement is 31 January 2029.

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