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, F E Anderson, Ace Gutters Investments Pty Ltd, Ace Gutters(Spouting) Pty Ltd, Ace Gutters Coil Coaters Pty Ltd
(AG2015/6922)

ACE GUTTERS GROUP ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 18 JANUARY 2016

Application for approval of the Ace Gutters Group Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Ace Gutters Group 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 Ace Gutters 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 January 2015. The nominal expiry date of the Agreement is 15 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, Ace Gutters Pty Ltd, trading as Ace Gutters Group, alongside F E Anderson and various subsidiaries, sought approval of the Ace Gutters Group Enterprise Agreement 2016. The application arose in the context of the Fair Work Act 2009, focusing on whether the agreement met the criteria for approval under the legislation. The primary legal issues revolved around the fairness of the agreement, its compliance with the Fair Work Act, and whether it was appropriate to meet the specific needs of the enterprise and its employees.

The court was required to assess the agreement's fairness, considering whether it provided a safety net of minimum entitlements and whether it allowed for flexibility and efficiency in workplace relations. It also needed to ensure that the agreement did not undermine the right to freedom of association and protected industrial action, while also considering if it was genuinely negotiated between the employer and the employees' representatives. The court paid particular attention to the processes followed in negotiating the agreement and whether it adequately reflected the interests of the employees.

Upon reviewing the application, the Fair Work Commission found that the Ace Gutters Group Enterprise Agreement 2016 was fair and balanced. The agreement was considered to provide adequate minimum entitlements and allowed for flexibility where necessary. The court also noted that the agreement was genuinely negotiated and met the specific needs of the enterprise and its employees. Consequently, the court approved the agreement under section 234 of the Fair Work Act 2009. The approval ensures that the agreement will govern the employment terms of the workers within the Ace Gutters Group.

Ace Gutters Pty Ltd T/A Ace Gutters Group - collectively trading as Ace Gutters Pty Ltd, F E Anderson, Ace Gutters Investments Pty Ltd, Ace Gutters(Spouting) Pty Ltd, 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