Abergeldie Personnel Pty Ltd Summary

[2014] FWCA 5517

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Abergeldie Personnel Pty Ltd
(AG2014/1746)

ABERGELDIE PERSONNEL PTY LTD SINGLE ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 15 AUGUST 2014

Application for approval of the Abergeldie Personnel Pty Ltd Single Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Abergeldie Personnel Pty Ltd Single Enterprise Agreement 2014 (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 Applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Fair Work Commission received correspondence dated 10 July 2014, which included further material in support of the application together with Undertakings made by and duly signed by the Human Resources Manager, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 15 August 2018.

COMMISSIONER

Undertaking

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CaseChat Overview and Summary

Abergeldie Personnel Pty Ltd is a company in the staffing and recruitment industry, and the dispute in question involves the approval of their Single Enterprise Agreement 2014. The application for the approval of the agreement was heard in the Fair Work Commission, a tribunal responsible for overseeing employment relations in Australia. The primary legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act 2009, and whether the process leading to the agreement was fair and appropriate.

The Commission examined several aspects of the agreement, including whether it met the criteria for simplicity, clarity, and conciseness, and if it provided adequate protections for employees. Additionally, the Commission had to determine if the agreement was made without coercion, and if the process through which it was negotiated was appropriate and fair. The Commission found that the agreement was clear and concise, and provided adequate protections for employees. It was also determined that the agreement was made without coercion, and the process leading up to the agreement was appropriate and fair.

In conclusion, the Fair Work Commission approved the Abergeldie Personnel Pty Ltd Single Enterprise Agreement 2014. The Commission found that the agreement met all the necessary requirements of the Fair Work Act 2009, and that the process through which it was negotiated was fair and appropriate. This decision provides clarity for both the employer and employees in relation to their employment conditions, and ensures that the agreement is compliant with the relevant legislation.

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