DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Acril Quality Testing Services Pty Ltd T/A ACTest Pty Ltd
(AG2015/2729)

ACTEST NEWCASTLE ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 29 MAY 2015

Application for approval of the ACTEST Newcastle Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the ACTEST Newcastle Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Acril Quality Testing Services Pty Ltd t/as ACTest Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Australian Workers’ Union and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, both being bargaining representatives for the Agreement, have given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers those organisations.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 5 June 2015. The nominal expiry date of the Agreement is 5 June 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application for approval of the ACTEST Newcastle Enterprise Agreement 2015. The applicant, Acril Quality Testing Services Pty Ltd trading as ACTest Pty Ltd, sought approval of the agreement from the Fair Work Commission. The dispute arose from negotiations between the employer and the employees regarding terms and conditions of employment. The court was tasked with determining whether the agreement complied with the relevant legislative provisions and met the necessary requirements for approval.

The primary legal issues before the court were whether the agreement satisfied the criteria for an enterprise agreement as outlined in the Fair Work Act 2009, and whether the agreement had been made in accordance with the procedural requirements of the Act. Specifically, the court needed to assess if the agreement had been negotiated in good faith, covered the appropriate bargaining unit, and included essential terms such as minimum wages, classification, and conditions of employment. Additionally, the court considered whether the agreement had been properly certified by the Fair Work Ombudsman.

In making its decision, the court examined the negotiation process and found that the agreement had been made in good faith and covered the appropriate bargaining unit. The court also found that the agreement included all the essential terms required by the Fair Work Act. The court determined that the agreement was consistent with the relevant legislative provisions and met the necessary requirements for approval. Consequently, the court approved the ACTEST Newcastle Enterprise Agreement 2015, finding it to be a lawful and valid agreement between the employer and the employees.

The final orders of the court were that the ACTEST Newcastle Enterprise Agreement 2015 be approved as a registered agreement under the Fair Work Act 2009. The court's approval was based on the finding that the agreement complied with the statutory requirements and was negotiated in good faith, thereby meeting the criteria for registration.

Acril Quality Testing Services Pty Ltd T/A ACTest 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