DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Acquos Pty Ltd
(AG2016/6270)

ACQUOS PTY. LTD. (CAMPBELLFIELD) ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 20 OCTOBER 2016

Application for approval of the Acquos Pty. Ltd. (Campbellfield) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Acquos Pty. Ltd. (Campbellfield) Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Acquos Pty Ltd. 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 National Union of Workers 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 20 October 2016 and, in accordance with s.54, will operate from 27 October 2016. The nominal expiry date of the Agreement is 1 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Acquos Pty Ltd, sought approval of the Acquos Pty Ltd (Campbellfield) Enterprise Agreement 2015. The application was brought before the Fair Work Commission (FWC) in Australia. The primary dispute revolved around the validity and enforceability of the proposed enterprise agreement, which aimed to establish the terms and conditions of employment for the company's workers.

The legal issues before the Commission were whether the agreement met the necessary criteria for approval under the Fair Work Act 2009, specifically regarding the process by which it was negotiated and the content of the agreement itself. The Commission had to determine whether the agreement was genuinely negotiated, free from any coercive practices, and whether it provided fair and reasonable terms for the employees.

The FWC found that the agreement was indeed negotiated genuinely and in good faith, and it did not result from any unfair labour practices. The Commission also assessed the provisions of the agreement and concluded that they provided fair and reasonable terms and conditions of employment. The agreement was found to be compliant with the relevant legislative requirements, and therefore, the application for approval was successful. The Acquos Pty Ltd (Campbellfield) Enterprise Agreement 2015 was approved by the FWC.

Acquos 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