DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aeromarl Pty Ltd T/A Ultrasigns
(AG2019/4450)

ULTRASIGNS ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 6 JANUARY 2020

Application for approval of the Ultrasigns Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Ultrasigns Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Aeromarl Pty Ltd T/A Ultrasigns. 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 January 2020. The nominal expiry date of the Agreement is 6 January 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Aeromarl Pty Ltd, trading as Ultrasigns, applied for approval of the Ultrasigns Enterprise Agreement 2019, which was to be certified as a new-style enterprise agreement under the Fair Work Act 2009. The application was heard by the Fair Work Commission, with Deputy President K. H. Bennett presiding. The dispute centred around whether the agreement met the necessary criteria for certification, particularly in terms of its content and the process by which it was negotiated.

The primary legal issues the court had to decide included whether the agreement contained all the required terms and conditions of employment, and whether it was genuinely negotiated and agreed upon by both parties. The negotiation process was scrutinized to determine if it adhered to the legal standards set by the Fair Work Act, including whether the agreement was the result of genuine and meaningful bargaining. The court also considered the fairness and reasonableness of the terms included in the agreement.

In its decision, the Fair Work Commission found that the Ultrasigns Enterprise Agreement 2019 met the statutory requirements for a new-style agreement. The court was satisfied that the agreement contained all necessary terms and conditions of employment and that it was the product of genuine and meaningful bargaining between the parties. The Deputy President highlighted that the process followed was transparent and inclusive, and the terms of the agreement were fair and reasonable. Consequently, the court approved the agreement and certified it as a new-style enterprise agreement under the Fair Work Act.

Aeromarl Pty Ltd T/A Ultrasigns

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established