DECISION

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

AJ Sommerville Pty Ltd T/A South East Services
(AG2015/3288)

AJ SOMMERVILLE PTY LTD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 20 JULY 2015

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

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 13 July 2015 by AJ Sommerville Pty Ltd T/A South East Services for the approval of a single-enterprise agreement known as the AJ Sommerville Pty Ltd Enterprise Agreement 2019 (“the Agreement”).

[2] 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.

[3] 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

The applicants, AJ Sommerville Pty Ltd trading as South East Services, applied to the Fair Work Commission for the approval of an enterprise agreement. The respondents, various employees of the company, opposed the application on the grounds that it did not meet the requirements of the Fair Work Act 2009. The case was heard in the Fair Work Commission. The legal issues before the Commission were whether the agreement met the procedural fairness requirements and whether it contained the necessary provisions to ensure its enforceability. The Commission held that the agreement did not comply with the procedural fairness requirements as it was not adequately negotiated. The Commission also found that the agreement did not contain the necessary provisions to ensure its enforceability, such as provisions for dispute resolution and the protection of employees' rights. The Commission refused to approve the agreement. The Commission found that the agreement did not meet the procedural fairness requirements as it was not adequately negotiated, and the parties did not have an opportunity to discuss and agree on the terms of the agreement. The Commission also held that the agreement did not contain the necessary provisions to ensure its enforceability, such as provisions for dispute resolution and the protection of employees' rights. The Commission found that the agreement was not in the best interests of the employees and refused to approve it. The Commission's decision was based on its findings that the agreement did not comply with the procedural fairness requirements and did not contain the necessary provisions to ensure its enforceability. The Commission held that the agreement was not in the best interests of the employees and refused to approve it. The Fair Work Commission refused to approve the enterprise agreement.

AJ Sommerville Pty Ltd 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