Adelaide Training & Employment Centre Inc

[2024] FWCA 4521

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Adelaide Training & Employment Centre Inc

(AG2024/4188)

ATEC ENTERPRISE AGREEMENT 2024

Educational services
COMMISSIONER THORNTON	ADELAIDE, 17 DECEMBER 2024

Application for approval of the ATEC Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the ATEC Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Adelaide Training & Employment Centre Inc (the Applicant). The Agreement is a single enterprise agreement.

The copy of the Agreement filed with the application for approval did not contain a signature page in the terms required by s.185 of the Act and Regulation 2.06A of the Fair Work Regulations 2009 (the Regulations). A copy of the Agreement with an amended signature page was later filed that met the requirements of the Act and Regulations. The Applicant filed submissions requesting that I allow an amendment of a document relating to the matter. I consider it appropriate in the circumstances to allow the amendment pursuant to s.586(a) of the Act.

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, 188 and 190 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting the undertakings provided, 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing & Allied Services Union of Australia (CEPU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the CEPU.

The Agreement is approved and will operate in accordance with s.54 of the Act from 24 December 2024. The nominal expiry date of the Agreement is 17 December 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case of Adelaide Training & Employment Centre Inc involves an application for the approval of the ATEC Enterprise Agreement 2024. The application was brought before the Fair Work Commission, which was tasked with determining whether the agreement met the necessary criteria for approval. The primary dispute centred around whether the agreement appropriately balanced the interests of both the employees and the employer while complying with relevant industrial laws.

The legal issues before the Commission included whether the agreement was a bona fide enterprise agreement, whether it had been appropriately negotiated, and whether it met the requirements of the Fair Work Act 2009. Specifically, the Commission needed to assess if the agreement was free from any prohibited content and whether it provided for the terms and conditions of employment in a manner that was fair and reasonable. Additionally, the Commission had to determine if the agreement was consistent with the principles of the National Employment Standards and other applicable laws.

In its decision, the Fair Work Commission found that the ATEC Enterprise Agreement 2024 was a bona fide enterprise agreement that had been negotiated in good faith. The Commission noted that the agreement contained no prohibited content and provided fair and reasonable terms and conditions of employment. It also concluded that the agreement complied with the National Employment Standards and adhered to the relevant provisions of the Fair Work Act 2009. Consequently, the Commission approved the agreement, recognising its balance between the interests of the employees and the employer. The approval ensures that the agreement will govern the employment conditions for the specified period, providing certainty and stability in the workplace.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established