| [2017] FWCA 4530 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
Ace Environmental Services Pty Ltd T/A Ace Environmental Services
(AG2017/2298)
Ace Environmental ServiceS Pty Ltd Enterprise Agreement 2017
| Waste management industry | |
| Commissioner Gregory | MELBOURNE, 31 AUGUST 2017 |
Application for approval of the Ace Environmental Services Pty Ltd Enterprise Agreement 2017.
An application has been made for approval of an enterprise agreement known as the Ace Environmental Services Pty Ltd Enterprise Agreement 2017(the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ace Environmental Services Pty Ltd T/A Ace Environmental Services. The Agreement is a single enterprise agreement.
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.
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 7 September 2017. The nominal expiry date of the Agreement is 30 August 2021.
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ANNEXURE A
- AGLC
- Ace Environmental Services Pty Ltd T/A Ace Environmental Services [2017] FWCA 4530
- Case
- [2017] FWCA 4530
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission centred on whether the agreement met the statutory criteria for approval, including whether it provided for minimum entitlements, was free from prohibited content, and was made in accordance with the procedural requirements of the Act. Additionally, the Commission had to consider if the agreement provided for fair and efficient workplace relations, and whether it complied with the relevant provisions of the National Employment Standards.
In assessing the application, the Commission examined the content of the Enterprise Agreement 2017 to ensure it adhered to the legislative standards. The Commission confirmed that the agreement was free from prohibited content and contained provisions for minimum entitlements. The Commission also noted that the agreement was made in accordance with the procedural requirements, including the provision of relevant documents to affected employees. After thorough consideration, the Commission found that the agreement provided for fair and efficient workplace relations and was compliant with the National Employment Standards. Therefore, the Commission approved the application for the agreement.
The Fair Work Commission approved the Ace Environmental Services Pty Ltd Enterprise Agreement 2017, effective from the date of the decision. The approval signified the formal recognition of the agreement's terms and conditions, which would now govern the employment relationship between the company and its employees. The decision provided clarity and certainty for both parties, ensuring compliance with the Fair Work Act 2009 and promoting fair and efficient workplace relations.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
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