DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Able Industries Engineering Pty Ltd atf Able Industries Engineering Unit Trust T/A Able Industries Engineering Pty Ltd
(AG2017/1906)

ABLE INDUSTRIES ENGINEERING PTY LTD ATF ABLE INDUSTRIES ENGINEERING UNIT TRUST (ABN 31 213 464 545) ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 19 JULY 2017

Application for approval of the Able Industries Engineering Pty Ltd atf Able Industries Engineering Unit Trust (ABN 31 213 464 545) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Able Industries Engineering Pty Ltd atf Able Industries Engineering Unit Trust (ABN 31 213 464 545) Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Able Industries Engineering Pty Ltd atf Able Industries Engineering Unit Trust T/A Able Industries Engineering Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement lodged contained an error at Clause 4. On 18 July 2017, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 July 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

The case involved Able Industries Engineering Pty Ltd, trading as Able Industries Engineering, seeking approval of their 2016 Enterprise Agreement. The application was made to the Fair Work Commission. The dispute centred on the fairness and validity of the terms and conditions outlined in the agreement, particularly regarding employee entitlements and the procedures for bargaining with the company. The legal issues the court had to address included whether the agreement was genuinely negotiated, if it adhered to the relevant statutory provisions, and if it provided fair and reasonable terms for the employees. The court had to ensure that the agreement was not only compliant with the Fair Work Act 2009 but also met the standards of procedural fairness and substantive fairness.

The court examined the evidence provided by the parties to determine if the agreement was genuinely negotiated, as required by the Fair Work Act. It looked at whether there was meaningful consultation and if the process allowed for genuine input from both employers and employees. Additionally, the court considered if the agreement's terms were fair and reasonable in light of the broader economic and employment context. It assessed the balance of the agreement in terms of employee benefits, protections, and obligations. The court also evaluated whether the agreement met the standards of procedural fairness, ensuring that all parties had a proper opportunity to present their views and negotiate the terms.

The Fair Work Commission concluded that the 2016 Enterprise Agreement was genuinely negotiated and complied with the statutory requirements. The agreement was found to provide fair and reasonable terms for the employees, considering the economic context and the bargaining process. The court approved the agreement, noting the fair negotiation process and the reasonableness of the terms. The decision was based on the evidence presented and the adherence to legislative standards.

The final order was the approval of the 2016 Enterprise Agreement between Able Industries Engineering Pty Ltd and their employees, effective from the date of the decision. The agreement was deemed to be compliant with the Fair Work Act and met the criteria for fairness and reasonableness. The approval allowed the terms and conditions outlined in the agreement to be implemented for the benefit of both the employer and the employees.

Able Industries Engineering Pty Ltd atf Able Industries Engineering Unit Trust T/A Able Industries Engineering Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established