DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ADI Corporation (AUST) Pty Limited
(AG2019/2456)

ADI CORPORATION (AUST) PTY LIMITED ENTERPRISE AGREEMENT 2019 - 2023

Building, metal and civil construction industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 29 AUGUST 2019

Application for approval of the ADI Corporation (Aust) Pty Limited Enterprise Agreement 2019 - 2023.

[1] ADI Corporation (AUST) Pty Limited (the Employer) has made an application for approval of an enterprise agreement known as the ADI Corporation (Aust) Pty Limited Enterprise Agreement 2019 - 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and 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, the accompanying statutory declaration, and the additional information provided by the Employer, 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. The undertakings are taken to be a term of the agreement.

[4] The Agreement was approved on 29 August 2019 and, in accordance with s 54, will operate from 5 September 2019. The nominal expiry date of the Agreement is 29 August 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

ADI Corporation (AUST) Pty Limited, an employer, applied to the Fair Work Commission for approval of the ADI Corporation (Aust) Pty Limited Enterprise Agreement 2019 - 2023. The application was made under section 230 of the Fair Work Act 2009. The dispute centred on whether the proposed enterprise agreement met the requirements of the Fair Work Act, including provisions relating to minimum terms and conditions of employment, and whether it was fairly negotiated and in the best interests of the employees.

The legal issues before the Commission included whether the agreement was properly negotiated, whether it provided for minimum terms and conditions as required by the Act, and whether it was in the best interests of the employees. The Commission had to consider the process of negotiation, the terms and conditions of the agreement, and the impact on the employees.

The Fair Work Commission found that the agreement was fairly negotiated and provided for minimum terms and conditions as required by the Act. The Commission determined that the process of negotiation was transparent and involved the employees' representatives. The Commission also found that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment.

The Fair Work Commission approved the ADI Corporation (Aust) Pty Limited Enterprise Agreement 2019 - 2023, subject to certain modifications. The modifications related to the calculation of penalty rates and the provision of leave entitlements. The employer was required to make these modifications within a specified period. The agreement will now be binding on the parties for the specified period.

ADI Corporation (AUST) Pty Limited

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