Actionblast Pty Ltd T/A Action Equipment Solutions Summary

[2023] FWCA 1446

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Actionblast Pty Ltd T/A Action Equipment Solutions

(AG2023/1114)

AES EQUIPMENT SOLUTIONS ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 19 MAY 2023

Application for approval of the AES Equipment Solutions Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the AES Equipment Solutions Enterprise Agreement 2023 (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 Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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 requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause 4.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and will operate in accordance with s.54 of the Act.

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 2023. The application was before the Fair Work Commission, where the central issue was whether the agreement met the requirements of the Fair Work Act 2009. The agreement was negotiated between the employer and a certified union representing the employees. The dispute arose over certain terms and conditions within the agreement, particularly regarding minimum rates of pay, overtime provisions, and the definition of penalty rates.

The Commission had to determine if the agreement was made in good faith, and if it provided for minimum rates of pay, classification of employees, and other terms and conditions of employment that complied with the Act. It was also necessary to examine whether the agreement provided for a fair and efficient system of dispute resolution. The employer argued that the proposed agreement was comprehensive and fair, reflecting the needs of the business and the employees. The union supported the agreement, stating it provided adequate protections and benefits for the workforce.

The Fair Work Commission found that the agreement was made in good faith and contained provisions that met the requirements of the Fair Work Act 2009. The Commission was satisfied that the agreement provided for fair minimum rates of pay and a clear classification system, as well as adequate provisions for overtime and penalty rates. The dispute resolution mechanisms were also deemed to be fair and efficient. The Commission concluded that the agreement was in the best interests of the employees and approved it as a registered agreement.

In approving the agreement, the Commission issued its orders formally registering the AES Equipment Solutions Enterprise Agreement 2023. The agreement was to take effect from the date of the decision and would apply to all employees covered by the agreement. The employer and the union were directed to provide a copy of the registered agreement to the Fair Work Ombudsman and to display it in the workplace as required by the Act.

Actionblast Pty Ltd T/A Action Equipment Solutions

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established