Amey Bros Pty Ltd

Case [2015] FWCA 5553


[2015] FWCA 5553
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

Amey Bros Pty Ltd
(AG2015/4023)

AMEY BROS ENTERPRISE BARGAINING AGREEMENT 2015

Road transport industry

COMMISSIONER ROBERTS

SYDNEY, 14 AUGUST 2015

Application for approval of the Amey Bros Enterprise Bargaining Agreement 2015.

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

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54, will operate from 21 August 2015. The nominal expiry date is 13 August 2019.

COMMISSIONER

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Details
AGLC
Amey Bros Pty Ltd [2015] FWCA 5553
Case
[2015] FWCA 5553
Decision Date

CaseChat Overview and Summary

Amey Bros Pty Ltd applied for approval of the Amey Bros Enterprise Bargaining Agreement 2015. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria under the Fair Work Act 2009. The Commission needed to assess if the agreement was a genuine enterprise agreement and if it provided for the safety and health of employees.

The legal issues revolved around whether the agreement was genuinely negotiated and if it met the procedural requirements outlined in the Fair Work Act. The Commission also had to consider whether the agreement contained the minimum terms and conditions as specified by the Act. Additionally, the Commission examined if the agreement was fair and reasonable in the circumstances.

The Fair Work Commission found that the agreement was genuinely negotiated and contained all the required minimum terms and conditions. The agreement was deemed to be fair and reasonable. The Commission concluded that the agreement met all the necessary criteria for approval under the Fair Work Act. The application for approval was successful.

The Fair Work Commission approved the Amey Bros Enterprise Bargaining Agreement 2015. This decision sets a precedent for similar agreements and ensures that the terms and conditions outlined in the agreement are fair and reasonable for all parties involved.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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