Aerial Capital Group Limited

[2014] FWCA 6199

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Aerial Capital Group Limited
(AG2014/1811)

AERIAL CAPITAL GROUP LIMITED ENTERPRISE AGREEMENT 2014-2017

Clerical industry
COMMISSIONER RIORDAN	SYDNEY, 8 SEPTEMBER 2014

Application for approval of the Aerial Capital Group Limited Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Aerial Capital Group Limited Enterprise Agreement 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Aerial Capital Group Limited (the Applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Fair Work Commission received correspondence dated 28 August 2014, which included further material in support of the application together with Undertakings made by and duly signed by the Managing Director, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 8 September 2017.

COMMISSIONER

Undertaking

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Aerial Capital Group Limited sought approval for an enterprise agreement, which was the subject of a dispute in the Fair Work Commission. The applicant, Aerial Capital, argued that the proposed agreement was suitable for approval under the Fair Work Act 2009. The respondent, the Financial Sector Union of Australia, contested the application, raising concerns about various provisions within the agreement.

The central legal issues addressed by the Commission involved the interpretation and assessment of several clauses within the proposed agreement, focusing on whether these provisions complied with the requirements of the Fair Work Act. Key points of contention included the classification of employees, the conditions of employment, and the provisions regarding redundancy and termination. The Commission had to determine whether these provisions met the criteria for "better off overall" and whether they adhered to the principles of fairness and reasonableness.

The Commission examined each contested clause in detail, assessing their alignment with the statutory requirements and broader principles of industrial relations law. After careful consideration, the Commission found that the majority of the provisions were fair and reasonable, meeting the criteria for approval. However, the Commission made some minor amendments to certain clauses to ensure they better reflected the principles of fairness and reasonableness. Ultimately, the application was approved with these modifications.

The Fair Work Commission granted approval of the enterprise agreement with the specified amendments, ensuring that it complied with the Fair Work Act and met the necessary standards for fairness and reasonableness.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established