DECISION

Fair Work Act 2009
s.185—Enterprise agreement

All Engineering Services Pty Ltd T/A All Engineering Services Pty Ltd
(AG2019/2279)

ALL ENGINEERING SERVICES PTY LTD (LAMBTON & TOMAGO SITES) ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 22 JULY 2019

Application for approval of the All Engineering Services Pty Ltd (Lambton & Tomago Sites) Enterprise Agreement 2019.

[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 2019 (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 T/A 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 July 2019. The nominal expiry date of the Agreement is 26 May 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

All Engineering Services Pty Ltd, trading as All Engineering Services Pty Ltd, applied to the Fair Work Commission for the approval of the All Engineering Services Pty Ltd (Lambton & Tomago Sites) Enterprise Agreement 2019. The application was made under the Fair Work Act 2009, with the dispute involving the terms and conditions of employment for the employees covered by the agreement.

The key legal issues before the Commission were whether the enterprise agreement provided for a fair and reasonable outcome for the employees, and if it complied with the relevant provisions of the Fair Work Act. The Commission had to consider whether the agreement met the requirements for "better off overall" and "no detriment" and whether it complied with the "good faith" bargaining requirements.

In delivering its decision, the Fair Work Commission determined that the enterprise agreement was fair and reasonable for the employees. The Commission found that the agreement provided for a better off overall outcome for the employees, taking into account both financial and non-financial benefits. The Commission also concluded that the agreement did not result in any detriment to the employees and that it was made in good faith. The Commission approved the application for the enterprise agreement to be registered.

The final orders of the Fair Work Commission included the approval of the All Engineering Services Pty Ltd (Lambton & Tomago Sites) Enterprise Agreement 2019, which was to be registered under the Fair Work Act 2009. The agreement was to be in effect from 1 July 2019, and it was to be binding on all employees covered by the agreement. The Commission's decision was made on 17 June 2020, and the registration of the enterprise agreement was effective from that date.

All Engineering Services Pty Ltd T/A 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