DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ambush Enterprise Group Pty Ltd T/A Ambush Enterprise Group
(AG2015/5975)

AMBUSH ENTERPRISE GROUP EMPLOYEE AGREEMENT 2015

Electrical contracting industry
COMMISSIONER GREGORY	MELBOURNE, 20 NOVEMBER 2015

Application for approval of the Ambush Enterprise Group Employee Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Ambush Enterprise Group Employee 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 Ambush Enterprise Group Pty Ltd T/A Ambush Enterprise Group. 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 November 2015. The nominal expiry date of the Agreement is 19 November 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Ambush Enterprise Group Pty Ltd, trading as Ambush Enterprise Group, applied to the Fair Work Commission for approval of the Ambush Enterprise Group Employee Agreement 2015. The application was made under the Fair Work Act 2009, seeking to establish a new enterprise agreement to govern the employment of the company’s workers. The dispute centred on whether the agreement complied with the legal requirements and if it appropriately balanced the interests of the employees and the employer.

The legal issues before the Commission included whether the agreement provided for a minimum of the National Employment Standards, whether it contained appropriate mechanisms for resolving disputes, and whether the agreement was made in good faith and without coercion. Additionally, the Commission had to consider if the application met the criteria for approval as set out in the Fair Work Act, specifically if the agreement was negotiated in good faith and if it provided for terms and conditions that were fair and reasonable.

The Commission found that the agreement met the necessary requirements under the Fair Work Act. The agreement included provisions that aligned with the National Employment Standards and contained dispute resolution mechanisms that were deemed adequate. The Commission also concluded that the agreement was made in good faith and did not involve any form of coercion. Consequently, the Commission approved the Ambush Enterprise Group Employee Agreement 2015. This decision was based on the comprehensive assessment of the agreement’s provisions and the assurance that it provided fair terms and conditions for the employees while also considering the employer’s business needs.

Ambush Enterprise Group Pty Ltd T/A Ambush Enterprise Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established