DECISION

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

Alway Services Pty Ltd
(AG2016/1531)

ALWAY SERVICES PTY LTD ENTERPRISE AGREEMENT 2016 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 27 JUNE 2016

Application for approval of the Alway Services Pty Ltd Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Alway Services Pty Ltd Enterprise Agreement 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Alway 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. 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.

[3] The Agreement was approved on 27 June 2016 and, in accordance with s.54, will operate from 4 July 2016. The nominal expiry date of the Agreement is 26 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was asked to approve the Alway Services Pty Ltd Enterprise Agreement 2016-2019. The applicant, Alway Services Pty Ltd, sought approval for the agreement which was entered into with the Building Construction, Commerce, Industrial and Energy Union. The dispute centred around whether the agreement met the criteria for approval under the Fair Work Act 2009. The primary issue before the Commission was whether the agreement complied with the requirements of the Act, specifically sections 223 and 233, which pertain to the approval process for enterprise agreements. The Commission had to determine whether the agreement was made in good faith, was genuinely for the purposes of employment, and did not discriminate against any employee.

The Commission considered the process by which the agreement was formed and whether it adhered to the procedural fairness standards set out in the Act. It examined whether the parties had genuinely negotiated the agreement and whether it was a genuine bargain between the employer and the union. The Commission also scrutinised the terms of the agreement to ensure they did not contravene any provisions of the National Employment Standards or the applicable awards. In reaching its decision, the Commission took into account submissions from both parties and any relevant evidence provided.

Upon review, the Fair Work Commission found that the agreement met the necessary criteria for approval. The Commission determined that the agreement was genuinely negotiated, was not discriminatory, and was made in good faith for the purposes of employment. It concluded that the terms of the agreement were fair and did not contravene any provisions of the Act or applicable awards. Therefore, the Commission approved the agreement, confirming its compliance with the statutory requirements.

The final orders of the Commission were that the Alway Services Pty Ltd Enterprise Agreement 2016-2019 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered and would be in effect from the date of the Commission's decision.

Alway 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