DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ace Water Services Pty Ltd
(AG2018/6016)

ACE WATER SERVICES PTY LTD ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 22 MARCH 2019

Application for approval of the ACE Water Services Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the ACE Water Services Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ace Water Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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 29 March 2019. The nominal expiry date of the Agreement is 21 March 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Ace Water Services Pty Ltd was involved in a dispute concerning the approval of an enterprise agreement, specifically the ACE Water Services Pty Ltd Enterprise Agreement 2018, which was brought before the Fair Work Commission. The dispute involved the company's employees, represented by a union, and Ace Water Services Pty Ltd. The central issue before the Commission was whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues at hand required the Commission to determine whether the agreement provided for a fair and reasonable safety net, ensuring that employees received the minimum entitlements specified by the relevant awards and the National Employment Standards. Additionally, the Commission had to consider whether the agreement contained provisions that were contrary to public policy or had an unfair burden on small businesses. The fairness of the agreement in terms of its impact on the employees' working conditions and the negotiation process also formed part of the deliberations.

In delivering its decision, the Fair Work Commission examined the details of the enterprise agreement, taking into account the submissions from both parties and the broader implications for the employees and the company. The Commission found that the agreement provided a safety net that was fair and reasonable, and it did not contain any provisions that were contrary to public policy or placed an unfair burden on small businesses. Furthermore, the Commission was satisfied with the negotiation process and the fairness of the agreement in terms of its impact on the employees' working conditions. As a result, the Commission approved the ACE Water Services Pty Ltd Enterprise Agreement 2018.

The final orders of the Commission mandated the registration of the enterprise agreement, making it a legally binding instrument between Ace Water Services Pty Ltd and its employees. The agreement was set to commence on the date of the Commission's approval and would remain in effect for the duration specified within the agreement. The decision marked the resolution of the dispute, providing a framework for the terms and conditions of employment for the employees of Ace Water Services Pty Ltd.

Ace Water Services 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