Acirl Quality Testing Services Pty Ltd T/A ACTest Summary

[2017] FWCA 5653

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Acirl Quality Testing Services Pty Ltd T/A ACTest

(AG2017/3675)

ACTEST Gladstone Enterprise Agreement 2017

Manufacturing and associated industries
Commissioner Wilson	MELBOURNE, 30 OCTOBER 2017

Application for approval of the ACTEST Gladstone Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the ACTEST Gladstone 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 Acirl Quality Testing Services Pty Ltd T/A ACTest. The Agreement is a single enterprise agreement.

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.

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.

The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 November 2017. The nominal expiry date of the Agreement is 6 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by ACTest, trading as Acirl Quality Testing Services Pty Ltd, for the approval of the ACTEST Gladstone Enterprise Agreement 2017. The application was brought pursuant to section 233 of the Fair Work Act 2009, seeking the Commission's endorsement of the agreement as a modern award. The dispute involved whether the agreement met the statutory requirements for approval and if it complied with the Fair Work Act's objectives.

The central legal issues before the Commission were whether the agreement contained all mandatory terms and conditions of employment as required by section 233(1)(a) of the Fair Work Act and whether it complied with the Fair Work Act's objectives under section 233(1)(b). Furthermore, the Commission had to consider whether the agreement was free from any prohibited content under section 233(1)(c) and whether the agreement was fairly negotiated and not made under duress or coercion.

In considering these issues, the Commission found that the agreement was comprehensive, containing all the necessary mandatory terms and conditions of employment, including minimum wages and entitlements. The Commission assessed the agreement against the objectives of the Fair Work Act, finding that it did not undermine the system of minimum standards and that it provided a framework for productive and harmonious workplace relations. The Commission also confirmed that the agreement was free from any prohibited content and was fairly negotiated. The Commission concluded that the agreement was compliant with the statutory requirements and approved it as a modern award under section 235 of the Fair Work Act.

The Fair Work Commission approved the ACTEST Gladstone Enterprise Agreement 2017 as a modern award, effective from the date of the Commission's decision. This decision provided certainty and stability for the employees covered by the agreement and ensured that they were entitled to the minimum standards and benefits set out in the approved agreement.

Acirl Quality Testing Services Pty Ltd T/A ACTest

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established