Ace Panel Systems Pty Ltd Summary

[2014] FWCA 6902

FAIR WORK COMMISSION

DECISION

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

Ace Panel Systems Pty Ltd
(AG2014/7530)

ACE PANEL SYSTEMS PTY LTD / APS PL EMPLOYEES ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 2 OCTOBER 2014

Application for approval of the Ace Panel Systems Pty Ltd / APS PL Employees Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Ace Panel Systems Pty Ltd / APS PL Employees 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 Ace Panel Systems Pty Ltd. 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 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 October 2014. The nominal expiry date of the Agreement is 9 October 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ace Panel Systems Pty Ltd and the Australian Manufacturing Workers' Union (AMWU) were involved in a dispute over the approval of the Ace Panel Systems Pty Ltd Employees Enterprise Agreement 2014. The Fair Work Commission (FWC) was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The key issue before the FWC was whether the enterprise agreement included a genuine bargain between the parties, as required by section 231 of the Act. This involved examining the fairness and reasonableness of the agreement's terms and whether it was made in good faith.

The FWC carefully reviewed the negotiation process and the content of the agreement. It considered the economic and non-economic factors relevant to the bargaining process and the parties' respective positions. The Commission found that the agreement demonstrated a genuine attempt to bargain and included terms that were fair and reasonable, reflecting the economic conditions and the specific circumstances of the workplace. The FWC also noted that the agreement was made in good faith, with both parties engaging in a genuine negotiation process. The outcome was that the agreement was approved, as it met all the necessary legal criteria.

The FWC ordered that the Ace Panel Systems Pty Ltd Employees Enterprise Agreement 2014 be approved, effective from the date of the decision. This approval meant that the agreement would be registered and enforceable under the Fair Work Act, allowing it to regulate the employment terms and conditions for the employees covered by the agreement. The decision highlighted the importance of genuine bargaining and the need for agreements to be fair and reasonable to meet the statutory requirements.

Ace Panel Systems Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established