DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aegis Safety Pty Ltd T/A Aegis Sales and Service
(AG2016/7657)

AEGIS SAFETY ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 22 FEBRUARY 2017

Application for approval of the Aegis Safety Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Aegis Safety 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 Aegis Safety Pty Ltd T/A Aegis Sales and Service. 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 March 2017. The nominal expiry date of the Agreement is 21 February 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Aegis Safety Pty Ltd, trading as Aegis Sales and Service, applied for the approval of the Aegis Safety Enterprise Agreement 2016. The application was made to the Fair Work Commission, which heard the matter. The dispute centred on whether the agreement met the requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement was a genuine enterprise agreement and if it complied with the procedural fairness requirements. The applicant needed to demonstrate that the agreement was not only made in good faith but also that it was not contrary to public policy or any other statutory provision. Furthermore, the Commission had to be satisfied that the agreement was not made under duress or undue influence.

The Commission examined the evidence provided and found that the agreement was genuine and made in good faith. The applicant had demonstrated that the agreement was not contrary to public policy, and all procedural fairness requirements had been met. The Commission was satisfied that the agreement was not made under duress or undue influence. As such, the application was approved.

The Fair Work Commission approved the Aegis Safety Enterprise Agreement 2016, finding it to be a genuine enterprise agreement that met the requirements of the Fair Work Act 2009. The applicant was granted the approval sought, and the agreement was registered.

Aegis Safety Pty Ltd T/A Aegis Sales and Service

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established