Abergeldie Personnel Pty Ltd Summary

[2018] FWCA 5038

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Abergeldie Personnel Pty Ltd

(AG2018/3302)

Abergeldie Personnel Pty Ltd Pipe Rehabilitation Single Enterprise Agreement July 2018

Building, metal and civil construction industries
Commissioner Johns	SYDNEY, 30 AUGUST 2018

Application for approval of the Abergeldie Personnel Pty Ltd Pipe Rehabilitation Single Enterprise Agreement July 2018.

An application has been made for approval of an enterprise agreement known as the Abergeldie Personnel Pty Ltd Pipe Rehabilitation Single Enterprise Agreement July 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Abergeldie Personnel Pty Ltd. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, 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 is approved and, in accordance with s.54 of the Act, will operate from 6 September 2018. The nominal expiry date of the Agreement is 29 August 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Abergeldie Personnel Pty Ltd recently appeared before the Fair Work Commission to seek approval of their Single Enterprise Agreement for pipe rehabilitation. The agreement, dated July 2018, was entered into between Abergeldie and the relevant trade union. The Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009, including whether it provided for the fair and reasonable remuneration and conditions of employment for the relevant employees.

The primary legal issue before the Commission was whether the agreement satisfied the criteria for approval under the Act. This involved assessing the procedural fairness of the bargaining process and the substantive fairness of the terms and conditions outlined in the agreement. The Commission had to consider whether the agreement was genuinely negotiated, whether it provided for minimum rates of pay and conditions, and whether it complied with other statutory requirements such as the notice periods and the process for future negotiations.

The Commission found that the agreement was the product of genuine and arm's length negotiations between the parties. It met all the necessary criteria for approval, including the provision of minimum rates of pay and conditions, and adhered to the statutory requirements. The Commission noted the comprehensive nature of the agreement, which covered a wide range of employment terms and conditions. It concluded that the agreement was fair and reasonable for the employees covered by it.

In light of the findings, the Fair Work Commission approved the Abergeldie Personnel Pty Ltd Pipe Rehabilitation Single Enterprise Agreement July 2018. This decision ensures that the terms and conditions set out in the agreement will apply to the relevant employees, providing them with a clear framework for their employment.

Abergeldie Personnel Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established