AGP Pty Ltd T/A AGP Pty Ltd Summary

[2014] FWCA 3245

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

AGP Pty Ltd T/A AGP Pty Ltd
(AG2014/789)

AGP AUTOMATIC DOORS ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 16 MAY 2014

Application for approval of the AGP Automatic Doors Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the AGP Automatic Doors Enterprise Agreement 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 ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 23 May 2014. The nominal expiry date of the Agreement is23 May 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of AGP Pty Ltd T/A AGP Pty Ltd, the Fair Work Commission was called upon to determine whether to approve the AGP Automatic Doors Enterprise Agreement 2014. The applicant, AGP Pty Ltd, sought the Commission's approval of the agreement, which was intended to regulate the terms and conditions of employment for the company's employees. The dispute centred around whether the agreement met the necessary standards and requirements set forth under the Fair Work Act 2009, particularly in terms of its compliance with the "better off overall test" (BOOT).

The primary legal issues before the Commission were whether the agreement provided for terms and conditions that were no worse than the relevant award or safety net and whether it was made in good faith. The applicant argued that the agreement provided for fair and reasonable terms and conditions that were better off for the employees overall, taking into account the various benefits and protections provided under the agreement. The Commission was required to examine the agreement's provisions and compare them with the relevant award and safety net provisions to determine its compliance with the BOOT.

The Fair Work Commission, after carefully examining the agreement's provisions and considering the evidence presented by both parties, found that the AGP Automatic Doors Enterprise Agreement 2014 was in compliance with the BOOT. The Commission was satisfied that the agreement provided for terms and conditions that were no worse than the relevant award or safety net and was made in good faith. As a result, the Commission approved the agreement, allowing it to come into effect as a legally binding contract between the employer and its employees.

In conclusion, the Fair Work Commission granted the applicant's request for approval of the AGP Automatic Doors Enterprise Agreement 2014. The Commission found that the agreement was compliant with the requirements of the Fair Work Act 2009, including the "better off overall test." The agreement is now a legally binding contract between AGP Pty Ltd and its employees, governing their terms and conditions of employment.

AGP Pty Ltd T/A AGP Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established