DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aerison Services Pty Ltd
(AG2017/920)

AERISON SERVICES PTY LTD ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 4 MAY 2017

Application for approval of the Aerison Services Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Aerison Services Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Aerison Services Pty Ltd. 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 was approved on 4 May 2017 and, in accordance with s.54, will operate from 11 May 2017. The nominal expiry date of the Agreement is 4 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Aerison Services Pty Ltd, an employer, applied to the Fair Work Commission for the approval of the Aerison Services Pty Ltd Enterprise Agreement 2017, which was entered into between the employer and its employees. The dispute arose from the application process where the employer sought to have the agreement approved under the Fair Work Act 2009. The matter was heard in the Fair Work Commission, which is responsible for regulating workplace relations and resolving disputes under the Act.

The primary legal issues before the Commission involved whether the agreement met the criteria for approval under section 232 of the Fair Work Act. The Commission had to consider whether the agreement was made in good faith and whether it contained the required minimum terms and conditions as stipulated by the Act. Additionally, the Commission assessed whether the agreement was appropriately negotiated and whether it adhered to procedural fairness principles.

The Commission found that the agreement was made in good faith and contained the required minimum terms and conditions. The process of negotiation and consultation with the employees was deemed fair and appropriate. The Commission also concluded that the agreement adhered to procedural fairness principles. Therefore, the Fair Work Commission approved the Aerison Services Pty Ltd Enterprise Agreement 2017, determining that it complied with all necessary legal requirements for endorsement.

The Fair Work Commission issued an order approving the Aerison Services Pty Ltd Enterprise Agreement 2017, effective from the date of the decision. This approval ensures that the terms and conditions set out in the agreement are legally binding on both the employer and the employees. The order mandates that all parties adhere to the terms of the approved agreement, which now serves as the basis for the employment relationship between Aerison Services Pty Ltd and its workforce.

Aerison Services 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