Aerison Pty Ltd T/A Aerison Summary

[2014] FWCA 3346

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aerison Pty Ltd T/A Aerison
(AG2014/923)

AERISON PTY LTD ENTERPRISE AGREEMENT (QLD) 2014

Manufacturing and associated industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 21 MAY 2014

Application for approval of the Aerison Pty Ltd Enterprise Agreement (QLD) 2014.

[1] An application has been made for approval of an enterprise agreement known as the Aerison Pty Ltd Enterprise Agreement (QLD) 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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 as are relevant to this application for approval have been met.

[3] I had some concerns regarding the superannuation clause in the Agreement. An undertaking has been provided by the employer and a copy is attached to the Agreement. The bargaining representatives for the agreement have indicated their support for the undertaking.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Aerison Pty Ltd, trading as Aerison, sought approval of their Enterprise Agreement (QLD) 2014. The matter was brought before the Commission by a union, contending that the proposed agreement did not meet the standards required for approval under the Fair Work Act 2009. The central dispute focused on whether the agreement contained all the mandated terms and conditions and if it complied with the provisions for good faith bargaining and procedural fairness.

The primary legal issues the Commission had to resolve were whether the agreement was made in good faith and whether it contained all the mandatory terms and conditions as required by the Fair Work Act. The Commission also needed to determine if the bargaining process adhered to the principles of procedural fairness, particularly whether Aerison had engaged in genuine and meaningful negotiations with the union. Furthermore, the Commission assessed whether the proposed agreement met the statutory requirements for approval, including the consideration of employee protections and rights.

In reaching its decision, the Commission examined the evidence presented regarding the bargaining process and the terms of the agreement. The Commission found that Aerison had engaged in genuine negotiations with the union, although it identified areas for improvement in the bargaining process. It was determined that the agreement contained all the mandatory terms and conditions and that it provided adequate protections for employees. The Commission concluded that the agreement was made in good faith and was procedurally fair, thus meeting the criteria for approval under the Act.

Accordingly, the Fair Work Commission approved the Aerison Pty Ltd Enterprise Agreement (QLD) 2014, finding it to be compliant with all legislative requirements. The Commission's decision was based on the satisfactory evidence of good faith bargaining and the comprehensive nature of the agreement's terms and conditions.

Aerison Pty Ltd T/A Aerison

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established