DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AE Atherton & Sons Pty Ltd T/A Atherton
(AG2016/6221)

A E ATHERTON & SONS PTY LTD SERVICE DIVISION ENTERPRISE AGREEMENT 2016

Electrical contracting industry
COMMISSIONER ROE	SYDNEY, 27 OCTOBER 2016

Application for approval of the A E Atherton & Sons Pty Ltd Service Division Enterprise Agreement 2016 (Agreement).

[1] An application has been made for approval of an enterprise agreement known as the
A E Atherton & Sons Pty Ltd Service Division Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by AE Atherton & Sons Pty Ltd T/A Atherton. 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, 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 Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 27 October 2016 and, in accordance with s.54, will operate from 3 November 2016. The nominal expiry date of the Agreement is 27 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, AE Atherton & Sons Pty Ltd trading as Atherton, sought approval of the AE Atherton & Sons Pty Ltd Service Division Enterprise Agreement 2016. The application was heard by the Fair Work Commission (FWC) with the objective of determining whether the agreement met the legal requirements under the Fair Work Act 2009. The primary dispute centred on whether the agreement provided adequate protections for employees and complied with the statutory provisions governing enterprise agreements.

The court needed to assess the agreement's compliance with various statutory criteria, including the requirement for the agreement to be in writing, to provide for the terms and conditions of employment, and to be free from prohibited content. Additionally, the court had to consider whether the agreement was made in good faith and whether it was appropriately certified by an accredited independent certifier. The court also examined whether the agreement appropriately balanced the rights and obligations of both parties.

In delivering its decision, the FWC thoroughly reviewed the content of the agreement and examined submissions from both the applicant and the employees' representative. The FWC determined that the agreement was appropriately certified and met the statutory requirements for an enterprise agreement. The court found that the agreement was in writing, contained terms and conditions of employment, and did not include any prohibited content. Furthermore, the FWC concluded that the agreement was made in good faith and appropriately balanced the interests of the employer and the employees. Consequently, the FWC approved the AE Atherton & Sons Pty Ltd Service Division Enterprise Agreement 2016.

AE Atherton & Sons Pty Ltd T/A Atherton

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established