DECISION

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

AJ Sommerville Pty Ltd as trustee for AJ & LT Sommerville Family Trust T/A South East Services
(AG2019/2745)

AJ SOMMERVILLE PTY LTD ENTERPRISE AGREEMENT 2019-2023

Building, metal and civil construction industries
COMMISSIONER BOOTH	BRISBANE, 27 AUGUST 2019

Application for approval of the AJ Sommerville Pty Ltd Enterprise Agreement 2019 - 2023.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by AJ Sommerville Pty Ltd as trustee for AJ & LT Sommerville Family Trust T/A South East Services for the approval of the AJ Sommerville Pty Ltd Enterprise Agreement 2019 – 2023 (the Agreement). The Agreement is a single enterprise agreement.

[2] It is noted that clause 6.1.2 of the Agreement in relation to abandonment of employment does not appear consistent with the requirements of the Act and the National Employment Standards (NES). I rely here on the NES precedence clause at clause 5(d) of the Agreement.

[3] I am satisfied that each of the requirements under 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, in accordance with s.54 of the Act, will operate 7 days from the date of approval. The nominal expiry date of the Agreement is 26 August 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, AJ Sommerville Pty Ltd as trustee for the AJ & LT Sommerville Family Trust, trading as South East Services, applied to the Fair Work Commission for the approval of the AJ Sommerville Pty Ltd Enterprise Agreement 2019 - 2023. The application arose in the context of the applicant's operations, which included waste collection and recycling services in various regions. The legal issues before the court centred on whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. Key concerns included whether the agreement provided adequate protections for employees, particularly those in lower-paid roles, and whether it adhered to the requirements for the registration of new agreements under the Act.

The court examined the content of the proposed agreement, focusing on its compliance with the statutory minimum standards outlined in the Fair Work Act. It assessed whether the agreement's terms provided for appropriate wages and conditions, including minimum rates of pay, penalty rates, and leave entitlements. The court also considered the representation of the parties during the negotiation process and whether the agreement reflected a genuine attempt to reach a fair and reasonable outcome. Ultimately, the court found that the agreement met the legislative requirements and provided sufficient protections for the employees involved. It approved the agreement, allowing it to be registered and enforced as a binding enterprise agreement.

In reaching its decision, the court acknowledged the applicant's efforts to ensure that the agreement addressed the needs of its workforce while balancing the operational requirements of the business. The court noted that the agreement contained provisions that went beyond the statutory minimums, including additional leave entitlements and mechanisms for dispute resolution. It concluded that the agreement was fair and reasonable, taking into account the nature of the work and the economic circumstances of the parties. The court's approval of the agreement facilitates the implementation of a consistent and equitable framework for employment within the organisation.

AJ Sommerville Pty Ltd as trustee for AJ & LT Sommerville Family Trust T/A South East Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established