Aegis Safety Pty Ltd T/A Aegis Sales and Safety

[2021] FWCA 5905

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Aegis Safety Pty Ltd T/A Aegis Sales and Safety

(AG2021/6806)

Aegis Safety Enterprise Agreement 2021

Manufacturing and associated industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 21 SEPTEMBER 2021

Application for approval of the Aegis Safety Enterprise Agreement 2021

Aegis Safety Pty Ltd T/A Aegis Sales and Safety (the Employer) has made an application for approval of an enterprise agreement known as the Aegis Safety Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, and on the basis of the material contained in the application, and 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.

I observe that clause 25.4.1 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5.4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement was approved on 21 September 2021 and, in accordance with s 54, will operate from 28 September 2021. The nominal expiry date of the Agreement is 21 September 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Aegis Safety Pty Ltd, trading as Aegis Sales and Safety, sought approval of the Aegis Safety Enterprise Agreement 2021 from the Fair Work Commission. The application involved a dispute between the company and its employees, primarily concerning the terms and conditions of employment set forth in the proposed agreement. The Commission was tasked with assessing whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission included whether the agreement provided for fair and reasonable terms and conditions, whether it was free from any discriminatory provisions, and whether the agreement had been genuinely negotiated between the parties. Additionally, the Commission had to determine if the agreement complied with the provisions of the Fair Work Act, including any relevant minimum standards prescribed by the Act.

The Fair Work Commission found that the Aegis Safety Enterprise Agreement 2021 met the necessary criteria for approval. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions, was free from discriminatory provisions, and had been genuinely negotiated. Furthermore, the Commission confirmed that the agreement complied with all relevant provisions of the Fair Work Act, including the prescribed minimum standards. Consequently, the Commission approved the Aegis Safety Enterprise Agreement 2021.

The final orders of the Fair Work Commission were that the Aegis Safety Enterprise Agreement 2021 be approved as a registered agreement under the Fair Work Act. This decision provided clarity and legal certainty regarding the terms and conditions of employment for the employees of Aegis Safety Pty Ltd, ensuring that the agreement would govern their employment relationship going forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established