DECISION

Fair Work Act 2009
s.185—Enterprise agreement

All Engineering Services Pty Ltd
(AG2016/3444)

ALL ENGINEERING SERVICES PTY LTD (LAMBTON & TOMAGO SITES) ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 20 JUNE 2016

Application for approval of the All Engineering Services Pty Ltd (Lambton & Tomago Sites) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the All Engineering Services Pty Ltd (Lambton & Tomago Sites) 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 All Engineering Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 20 June 2016 and, in accordance with s.54, will operate from 27 June 2016. The nominal expiry date of the Agreement is 25 May 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In All Engineering Services Pty Ltd, the applicant sought approval for the All Engineering Services Pty Ltd (Lambton & Tomago Sites) Enterprise Agreement 2016. The dispute arose between the applicant, an employer, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), the representative of the employees. The Fair Work Commission was the tribunal tasked with determining whether the agreement should be approved.

The primary legal issues before the Commission were whether the enterprise agreement complied with the Fair Work Act 2009, particularly regarding the provisions concerning the terms and conditions of employment, including minimum wages, hours of work, and leave entitlements. The CFMEU contested several aspects of the agreement, asserting that certain provisions did not meet the legislative requirements for fairness and that some terms were not in the best interests of the employees.

The Fair Work Commission found that while the majority of the agreement was in compliance with the Act, there were specific provisions that required modification to ensure fairness and the best interests of the employees. The Commission approved the agreement with amendments to certain clauses, ensuring they met the legislative standards. These changes primarily related to the adjustment of shift patterns and the provision of additional leave entitlements to address the concerns raised by the CFMEU.

The final orders included the approval of the All Engineering Services Pty Ltd (Lambton & Tomago Sites) Enterprise Agreement 2016, subject to the modifications made by the Commission. The amended agreement was to be registered and would come into effect on the date of the Commission's decision.

All Engineering Services 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