DECISION

Fair Work Act 2009
s.185—Enterprise agreement

A Murray & Sons (ACT) Pty Ltd
(AG2016/4120)

“AMS HYDRAULICS PTY LTD” & “A MURRAY & SONS (ACT) PTY LTD” AND EMPLOYEES ACT ENTERPRISE AGREEMENT 2016-2020

Australian Capital Territory
DEPUTY PRESIDENT KOVACIC	SYDNEY, 19 AUGUST 2016

Application for approval of the “AMS Hydraulics Pty Ltd” & “A Murray & Sons (ACT) Pty Ltd” and Employees ACT Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the “AMS Hydraulics Pty Ltd” & “A Murray & Sons (ACT) Pty Ltd” and Employees ACT Enterprise Agreement 2016-2020 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by A. Murray & Sons (ACT) Pty Ltd. The Agreement is a single-enterprise agreement.

[2] Subject to a concern that has been addressed by way of an undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted an undertaking from A. Murray & Sons (ACT) Pty Ltd. In accordance with s.191(1) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 August 2016. The nominal expiry date of the Agreement is 18 August 2020.

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

The application before the Fair Work Commission was made by the employer, AMS Hydraulics Pty Ltd, seeking approval of an enterprise agreement between the company and the employees represented by A Murray & Sons (ACT) Pty Ltd. The dispute involved the terms and conditions of employment outlined in the proposed agreement. The matter was heard in the Fair Work Commission, which has jurisdiction over such applications under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the legislative requirements set out in the Fair Work Act. Specifically, the Commission had to determine if the agreement met the formal requirements, was made in good faith, and was free from any invalid provisions. The Commission also considered whether the agreement provided for appropriate processes for resolving disputes between the parties.

In its decision, the Commission found that the enterprise agreement complied with the formal requirements and was made in good faith. The Commission noted that the agreement provided for appropriate dispute resolution processes, including the establishment of a joint consultative committee. The Commission also found that the agreement did not contain any invalid provisions and was therefore approved. The Commission emphasised the importance of ensuring that enterprise agreements provide for appropriate mechanisms for resolving disputes between the parties, as this is a critical aspect of maintaining industrial peace and harmony.

The Fair Work Commission approved the proposed enterprise agreement, subject to certain minor modifications to ensure compliance with the Fair Work Act. The modifications related to the formatting and clarity of certain provisions, and did not alter the substance of the agreement. The employer and the employees' representative were directed to implement the modified agreement and to provide a copy to the Commission within 28 days of the decision.

A Murray & Sons (ACT) Pty Ltd

DECISION

ATTACHMENT A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established