DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ADB Group Pty Ltd
(AG2015/465)

THE ADB GROUP PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 2 APRIL 2015

Application for approval of The ADB Group Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as The ADB Group Pty Ltd 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 The ADB Group Pty Ltd. 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 2 April 2015 and, in accordance with s.54, will operate from 9 April 2015. The nominal expiry date of the Agreement is 9 April 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

ADB Group Pty Ltd recently applied to the Fair Work Commission for the approval of the ADB Group Pty Ltd Enterprise Agreement 2015. The dispute arose between the company and its employees, represented by the Australian Manufacturing Workers' Union. The primary issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act 2009 and met the standards of the Fair Work (Registered Organisations) Act 2009.

The legal issues involved assessing whether the agreement included all the mandated minimum terms and conditions, ensured genuine agreement through proper consultation, and was not inconsistent with any other registered agreement or the Fair Work Act. The Commission also considered the fairness of the agreement's terms and whether it complied with the 'better off overall test'. This test requires that employees be no worse off financially and have at least one improved condition compared to the applicable award or previous agreement.

The Commission found that the agreement did meet the statutory requirements. The company demonstrated sufficient consultation processes, and the agreement contained all necessary minimum terms and conditions. The terms of the agreement were also considered fair and reasonable, passing the better off overall test. The Commission noted that the agreement provided several improvements, including wage increases and additional leave provisions, which adequately compensated for any potential disadvantages. Consequently, the Commission approved the ADB Group Pty Ltd Enterprise Agreement 2015.

ADB Group Pty Ltd

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