DECISION

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

AIM Contracting Australia Pty Ltd
(AG2015/2926)

AIM CONTRACTING AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2015 -2019

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 22 JUNE 2015

Application for approval of the AIM Contracting Australia Pty Ltd Enterprise Agreement 2015 -2019.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 5 June 2015 by AIM Contracting Australia Pty Ltd for the approval of a single-enterprise agreement known as the AIM Contracting Australia Pty Ltd Enterprise Agreement 2015 -2019(“the Agreement”).

[2] On 19 June 2015, the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[3] In light of the Employer’s undertaking, 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.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

AIM Contracting Australia Pty Ltd recently brought an application before the Fair Work Commission to approve an enterprise agreement. The dispute centred on whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009. The application was brought by the company itself, with the Fair Work Commission tasked with determining if the agreement was fit for approval.

The legal issues before the Commission included whether the agreement contained the requisite "no disadvantage" term, whether it complied with the "better off overall test", and if it met the requirements for proper consultation and notification to affected employees. The Commission had to assess these provisions to ensure that the agreement did not unjustifiably disadvantage any employee and that it provided a net benefit to employees when compared to the relevant award or registered agreement.

In evaluating the agreement, the Fair Work Commission considered the submissions from both parties, along with the evidence provided. The Commission found that the agreement did indeed include the necessary "no disadvantage" term and that it passed the "better off overall test". The Commission also determined that the company had adequately consulted with the employees and provided the requisite notifications as required by law. Consequently, the Commission approved the enterprise agreement, finding it to comply with the necessary statutory requirements.

The Fair Work Commission approved the AIM Contracting Australia Pty Ltd Enterprise Agreement 2015-2019, confirming its compliance with the Fair Work Act 2009. The Commission's decision effectively sets the terms and conditions of employment for the relevant employees under the approved agreement. This approval allows the company and its employees to operate under the agreed terms, subject to any further disputes or reviews that may arise in the future.

AIM Contracting Australia 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