DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Albem Operations Pty Ltd
(AG2016/6776)

ALBEM OPERATIONS PTY LTD GENERAL ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 21 NOVEMBER 2016

Application for approval of the Albem Operations Pty Ltd General Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Albem Operations Pty Ltd General Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Albem Operations Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 21 November 2016 and, in accordance with s.54, will operate from 28 November 2016. The nominal expiry date of the Agreement is 30 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Albem Operations Pty Ltd was the subject of an application to the Fair Work Commission for approval of the General Enterprise Agreement 2016. The applicant, Albem Operations, sought to have the agreement recognised as a registered enterprise agreement under the Fair Work Act 2009. The dispute centred on whether the agreement met the necessary criteria for registration, including whether the agreement was genuinely an enterprise agreement, whether the appropriate bargaining processes were followed, and whether the agreement complied with the Fair Work Act's procedural and substantive requirements.

The primary legal issues addressed by the Fair Work Commission were whether the agreement was genuinely an enterprise agreement, whether it had been negotiated in good faith, and whether it complied with the procedural and substantive requirements set out in the Fair Work Act. Specifically, the Commission examined whether the agreement was made between the employer and employees, whether it covered terms and conditions of employment, and whether it met the good faith bargaining criteria. Furthermore, the Commission had to ensure that the agreement did not undermine the rights of employees or contravene any provisions of the Fair Work Act.

In delivering its decision, the Fair Work Commission assessed the evidence and submissions presented by the parties. The Commission found that the General Enterprise Agreement 2016 was genuinely an enterprise agreement and had been negotiated in good faith. It was determined that the agreement met all the necessary criteria for registration, including compliance with the procedural and substantive requirements of the Fair Work Act. The Commission was satisfied that the agreement covered terms and conditions of employment and did not undermine the rights of employees. Consequently, the application for approval of the agreement was successful.

The Fair Work Commission approved the General Enterprise Agreement 2016, registering it as a valid enterprise agreement under the Fair Work Act. The decision emphasised the importance of genuine bargaining and compliance with statutory requirements in enterprise agreements. This ruling ensures that the agreement remains in effect, governing the terms and conditions of employment between Albem Operations and its employees.

Albem Operations 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