DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ace Gutters Pty Ltd T/A Ace Gutters Group – collectively trading as Ace Gutters Pty Ltd, Ace Gutters Investments Pty Ltd, Ace Gutters (Spouting) Pty Ltd, F. E. Anderson Pty Ltd and Ace Gutters Coil Coaters Pty Ltd
(AG2018/7339)

ACE GUTTERS GROUP ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 30 JULY 2019

Application for approval of the Ace Gutters Group Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Ace Gutters Group Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ace Gutters Pty Ltd T/A Ace Gutters Group – collectively trading as Ace Gutters Pty Ltd, Ace Gutters Investments Pty Ltd, Ace Gutters (Spouting) Pty Ltd, F. E. Anderson Pty Ltd and Ace Gutters Coil Coaters Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement is approved and, in accordance with s.54, will operate from 6 August 2019. The nominal expiry date of the Agreement is 15 January 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ace Gutters Pty Ltd and others applied to the Fair Work Commission for approval of their enterprise agreement. The dispute arose from negotiations between the company and its employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union. The application was heard by the Fair Work Commission, which is responsible for approving and registering enterprise agreements under the Fair Work Act 2009. The central legal issue before the Commission was whether the proposed enterprise agreement met the statutory requirements for approval. Specifically, the Commission needed to determine if the agreement was genuinely negotiated, if it complied with the provisions of the Fair Work Act, and if it provided appropriate protections for the employees.

The Commission considered the evidence presented by both parties, including the process by which the agreement was negotiated and the content of the agreement itself. The Commission found that the agreement was genuinely negotiated between the parties, as evidenced by the exchange of proposals and counter-proposals, and the willingness of both parties to engage in good faith negotiations. The Commission also determined that the agreement complied with the statutory requirements of the Fair Work Act, including the provisions relating to minimum entitlements, and that it provided appropriate protections for the employees. The Commission concluded that the agreement met the criteria for approval and made an order approving the Ace Gutters Group Enterprise Agreement 2019.

Ace Gutters Pty Ltd T/A Ace Gutters Group – collectively trading as Ace Gutters Pty Ltd, Ace Gutters Investments Pty Ltd, Ace Gutters (Spouting) Pty Ltd, F. E. Anderson Pty Ltd and Ace Gutters Coil Coaters 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