DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aerison EPC Pty Ltd
(AG2020/2472)

AERISON EPC PTY LTD ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 2 OCTOBER 2020

Application for approval of the Aerison EPC Pty Ltd Enterprise Agreement 2020.

[1] Aerison EPC Pty Ltd has made an application for the approval of an enterprise agreement known as the Aerison EPC Pty Ltd Enterprise Agreement 2020 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

[3] Clause 26.2 relates to the employer withholding final payments until all property is returned by an employee. Any application of this clause could be inconsistent with the Act and unenforceable. However, notwithstanding my view on that, it is not a matter to which I am to have regard in terms of whether or not the Agreement should be approved, and it does not represent a barrier to the approval of the Agreement.

[4] The Agreement was approved on 2 October 2020 and, in accordance with s 54, will operate from 9 October 2020. The nominal expiry date of the Agreement is 2 October 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Aerison EPC Pty Ltd, the Fair Work Commission was presented with an application for the approval of an enterprise agreement between the company and its employees. The agreement, dated 2020, was submitted by the employer to the Commission for its consideration and approval under the Fair Work Act 2009. The legal dispute centred around whether the agreement met the statutory requirements for approval and if it was made in good faith, in accordance with the Act's provisions.

The primary issues before the Commission involved the compliance of the agreement with the legislative framework, particularly focusing on the provisions regarding pay and conditions, the requirement for the agreement to be in writing, and whether it was genuinely negotiated between the parties. Additionally, the Commission had to consider if the agreement was made in good faith, free from any coercion or undue influence, and if it provided for the fair and equitable treatment of the employees.

In delivering its decision, the Commission examined the terms and conditions set out in the agreement and assessed whether they were consistent with the statutory minimum standards. The Commission also reviewed the negotiation process to ensure that it was genuine and that the agreement reflected the outcome of fair and meaningful negotiations between the employer and the employees. The Commission found that the agreement was fairly negotiated and met the statutory requirements, including being in writing and providing for the fair and equitable treatment of employees. Consequently, the Commission approved the agreement, recognising it as a valid and legally binding enterprise agreement under the Act.

As a result of the Commission's approval, the Aerison EPC Pty Ltd Enterprise Agreement 2020 is now a legally enforceable agreement between the company and its employees, providing the framework for their employment conditions until such time as the agreement is varied, replaced, or terminated in accordance with the provisions of the Fair Work Act 2009.

Aerison EPC 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