DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aegis Engineering Support Services (Aust) Pty Ltd
(AG2021/111)

AEGIS ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER YILMAZ	MELBOURNE, 18 FEBRUARY 2021

Application for approval of the Aegis Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Aegis Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Aegis Engineering Support Services (Aust) Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement is approved and in accordance with s.54, will operate from 25 February 2021. The nominal expiry date of the Agreement is 17 February 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Aegis Engineering Support Services (Aust) Pty Ltd is the applicant in this case before the Fair Work Commission, seeking approval for the Aegis Enterprise Agreement 2020. The primary dispute revolves around whether the proposed agreement meets the necessary statutory requirements for approval under the Fair Work Act 2009. The respondent, who is not named, opposes the application on various grounds, questioning the fairness and compliance of the agreement with relevant industrial laws.

The legal issues before the Commission involved determining if the agreement satisfied the procedural and substantive requirements outlined in the Act. This included verifying whether the agreement was made in good faith, if it was appropriately negotiated, and if it contained the necessary minimum terms and conditions as stipulated by the law. Furthermore, the Commission had to assess if the agreement provided for fair and reasonable terms, including matters such as wages, hours of work, and other employment conditions.

The Fair Work Commission, after carefully reviewing the evidence and arguments presented by both parties, concluded that the Aegis Enterprise Agreement 2020 complied with the statutory requirements. The Commission found that the agreement was made in good faith, was the product of appropriate negotiation, and contained the necessary minimum terms and conditions. The Commission also determined that the agreement provided for fair and reasonable terms and conditions for the employees. Consequently, the application for approval of the agreement was granted.

Aegis Engineering Support Services (Aust) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established