DECISION

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

Acid Plant Management Services Pty Ltd
(AG2017/3861)

ACID PLANT MANAGEMENT SERVICES PTY LTD ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 21 MARCH 2018

Application for approval of the Acid Plant Management Services Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Acid Plant Management 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 Acid Plant Management Services 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 March 2018. The nominal expiry date of the Agreement is 20 March 2022.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

The case involved a dispute over the approval of an enterprise agreement, specifically the Acid Plant Management Services Pty Ltd Enterprise Agreement 2017, which was submitted for approval to the Fair Work Commission. The application was brought forth by the employer, Acid Plant Management Services Pty Ltd, seeking the commission's approval of the agreement which outlined the terms and conditions of employment for its employees. The dispute centred around the fairness and compliance of the agreement with the Fair Work Act 2009.

The primary legal issues the court needed to address were whether the enterprise agreement met the requirements for approval under the Fair Work Act, and if the agreement was fairly negotiated. This included examining if the agreement contained terms that were procedurally and substantively fair and whether it adhered to the provisions of the Act, including the "better off overall test" and the "no-disadvantage test". The court was also tasked with ensuring that the agreement did not undermine the protections afforded by the National Employment Standards and the applicable award.

The Fair Work Commission, in approving the agreement, found that the terms of the enterprise agreement were procedurally and substantively fair. The Commission noted that the agreement was the product of genuine and meaningful negotiations between the employer and the employees' representatives. The Commission concluded that the agreement was consistent with the statutory requirements of the Act and met the "better off overall test", ensuring that employees were not disadvantaged compared to their previous conditions of employment. Additionally, the Commission was satisfied that the agreement did not undermine the protections provided under the National Employment Standards and applicable awards. As a result, the Commission approved the Acid Plant Management Services Pty Ltd Enterprise Agreement 2017.

Acid Plant Management 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