DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Actionblast Pty Ltd T/A AES Equipment Solutions
(AG2015/2294)

AES EQUIPMENT SOLUTIONS ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 16 APRIL 2015

Application for approval of the AES Equipment Solutions Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the AES Equipment Solutions 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 Actionblast Pty Ltd T/A AES Equipment Solutions. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 16 April 2015 and, in accordance with s.54, will operate from 23 April 2015. The nominal expiry date of the Agreement is 16 April 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Actionblast Pty Ltd T/A AES Equipment Solutions applied to the Fair Work Commission for approval of the AES Equipment Solutions Enterprise Agreement 2015. The application was made under section 232 of the Fair Work Act 2009. The dispute involved the terms and conditions of employment for employees of the company. The primary legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act, and whether it met the "better off overall test" (BOOT). This test ensures that employees are no worse off financially under the proposed agreement than they would be under the applicable award.

The Fair Work Commission examined the agreement clause by clause, considering the impact on employees' wages, conditions, and entitlements. The Commission also took into account submissions from both the applicant and the relevant unions. It was found that the proposed agreement provided for a number of improvements in terms of wages and conditions, but also contained some provisions that could potentially result in a reduction in employee entitlements. After careful consideration, the Commission determined that the agreement met the BOOT, as employees would, on balance, be better off under the new agreement compared to the applicable award.

Consequently, the Fair Work Commission approved the AES Equipment Solutions Enterprise Agreement 2015. The decision was based on the conclusion that the agreement complied with the relevant provisions of the Fair Work Act and met the better off overall test. The approved agreement now sets the terms and conditions of employment for the employees covered by the agreement, effective from the date of approval.

Actionblast Pty Ltd T/A AES Equipment Solutions

DECISION

ANNEXURE A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established