DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Acirl Quality Testing Services Pty Ltd T/A ACTest
(AG2016/3678)

ACTEST GLADSTONE ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 1 AUGUST 2016

Application for approval of the ACTEST Gladstone Enterprise Agreement 2016.

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

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Agreement was approved on 1 August 2016 and, in accordance with s.54, will operate from 8 August 2016. The nominal expiry date of the Agreement is 27 May 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by ACTest for the approval of the ACTest Gladstone Enterprise Agreement 2016. The dispute arose between ACTest and its employees at the Gladstone site, represented by the Electrical Trades Union of Australia. The applicants sought to have the agreement certified as a single-employer enterprise agreement under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed agreement complied with the procedural and substantive requirements for enterprise agreements as outlined in the Fair Work Act. Specifically, the Commission needed to determine if the agreement was made in good faith and if it adhered to the provisions of the Act, including the "better off overall test" which requires that employees be no worse off financially under the agreement compared to their previous conditions.

In assessing the application, the Commission examined the process by which the agreement was negotiated, the content of the agreement itself, and the evidence provided by both parties regarding the financial implications for employees. The Commission found that the agreement was negotiated in good faith, with sufficient representation and consultation. The agreement was also found to comply with all relevant provisions of the Fair Work Act, including meeting the better off overall test. As a result, the Commission approved the agreement, finding it to be a valid and enforceable enterprise agreement.

The Fair Work Commission approved the ACTest Gladstone Enterprise Agreement 2016, confirming its compliance with the necessary legal standards. This decision provides clarity for both ACTest and its employees at the Gladstone site, ensuring that the terms of the agreement are legally binding and enforceable.

Acirl Quality Testing Services Pty Ltd T/A ACTest

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established