DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Allclad Sytems Pty Ltd
(AG2015/3180)

ALLCLAD SYSTEMS PTY. LTD. ENTERPRISE BARGAINING AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 3 JULY 2015

Application for approval of the Allclad Systems Pty. Ltd. Enterprise Bargaining Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Allclad Systems Pty. Ltd. Enterprise Bargaining Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Allclad Systems Pty Ltd. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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 3 July 2015 and, in accordance with s.54, will operate from 10 July 2015. The nominal expiry date of the Agreement is 3 July 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Allclad Systems Pty Ltd was the subject of an application before the Fair Work Commission, seeking approval of an Enterprise Bargaining Agreement (EBA) entered into between the company and its employees. The nature of the dispute centred on the terms and conditions set forth in the proposed EBA, which the applicant sought to have endorsed and made legally binding. The Commission, as the relevant authority under the Fair Work Act 2009, was tasked with assessing whether the EBA complied with the statutory requirements and whether it met the standards for approval under the Act.

The legal issues before the Commission involved determining whether the EBA was a "single, clear and whole" agreement that contained all the terms and conditions of employment, as required by the Fair Work Act. Additionally, the Commission had to assess whether the agreement provided for the proper protection of employees' interests, including ensuring fair wages and conditions, and whether it adhered to the "better off overall test." This test required the Commission to be satisfied that the proposed agreement would be better for the employees than the applicable awards or other existing agreements.

The Commission found that the proposed EBA met the statutory criteria for approval. It was a comprehensive agreement that detailed all the terms and conditions of employment, thereby satisfying the requirement of being a "single, clear and whole" agreement. The Commission also concluded that the agreement provided for the fair treatment of employees, ensuring adequate protection of their interests. Importantly, the Commission determined that the agreement would result in employees being better off overall compared to the applicable awards, thus fulfilling the better off overall test. Consequently, the application for approval of the EBA was granted.

As a result of the Commission's determination, the Allclad Systems Pty Ltd Enterprise Bargaining Agreement 2015 was approved and legally binding on the parties involved. The agreement was set to govern the employment conditions for the employees of Allclad Systems Pty Ltd, effective from the date of the Commission's decision.

Allclad Sytems 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