DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Actionblast Pty Ltd T/A Action Equipment Solutions
(AG2018/7059)

AES EQUIPMENT SOLUTIONS ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 4 APRIL 2019

Application for approval of the AES Equipment Solutions Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the AES Equipment Solutions Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Actionblast Pty Ltd T/A Action Equipment Solutions. 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 Agreement was approved on 4 April 2019 and, in accordance with s.54, will operate from 11 April 2019. The nominal expiry date of the Agreement is 4 April 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Actionblast Pty Ltd, trading as Action Equipment Solutions, sought approval of the AES Equipment Solutions Enterprise Agreement 2018. The application was made to the Fair Work Commission, which is tasked with regulating workplace relations and approving enterprise agreements. The applicant argued that the agreement was fair and reasonable, meeting the criteria set out in the Fair Work Act 2009. The primary legal issues centred on whether the agreement complied with the procedural requirements for enterprise agreements and whether it contained provisions that were fair and reasonable in all respects.

The Commission examined the application to determine if it was made in accordance with the procedural requirements of the Fair Work Act. It also assessed whether the agreement contained any unfair provisions, including those that might be considered harsh, unjust, or unreasonable. The Commission considered submissions from both the applicant and other interested parties, such as employee representatives, and evaluated the agreement's provisions in light of relevant legal standards and principles. After careful consideration, the Commission found that the application met the necessary procedural requirements and that the agreement contained fair and reasonable terms.

Consequently, the Commission approved the AES Equipment Solutions Enterprise Agreement 2018. The approval was based on the finding that the agreement complied with the relevant legal framework and that it did not include any unfair provisions. The decision ensures that the terms and conditions of employment for the employees covered by the agreement are legally binding and enforceable. The approval marks the formal recognition of the agreement, allowing it to be implemented and enforced in accordance with its terms.

Actionblast Pty Ltd T/A Action Equipment Solutions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established