Aerison Services Pty Ltd T/A Aerison

[2021] FWCA 6264

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aerison Services Pty Ltd T/A Aerison
(AG2021/7575)

AERISON SERVICES PTY LTD WESTERN AUSTRALIAN WORKSHOP EMPLOYEES ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 13 OCTOBER 2021

Application for approval of the Aerison Services Pty Ltd Western Australian Workshop Employees Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Aerison Services Pty Ltd Western Australian Workshop Employees Enterprise Agreement 2021 (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 T/A Aerison. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

• Clause 17.2 - Annual Leave

However, noting clause 4.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 October 2021. The nominal expiry date of the Agreement is 12 October 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Aerison Services Pty Ltd, trading as Aerison, applied to the Fair Work Commission for the approval of the Aerison Services Pty Ltd Western Australian Workshop Employees Enterprise Agreement 2021. The dispute involved the terms and conditions of employment for employees at Aerison's Western Australian workshop. The application was considered by the Fair Work Commission, a body with jurisdiction to oversee the approval of enterprise agreements under Australian labour law.

The central legal issues the Commission had to address were whether the agreement met the requirements of section 230 of the Fair Work Act 2009, including whether the agreement was genuinely an enterprise agreement and whether it was made in good faith and without the influence of coercion or undue influence. Additionally, the Commission needed to consider if the agreement provided for a fair and efficient resolution of workplace disputes.

The Commission found that the agreement satisfied the statutory criteria. It was concluded that the agreement was genuinely an enterprise agreement for the purposes of the Act, having been made between Aerison and its employees represented by a union. The Commission was satisfied that the agreement was made in good faith and without coercion or undue influence. The Commission also found that the dispute resolution provisions in the agreement were fair and efficient. As a result, the Commission approved the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established