Amrep Animal Services Pty Ltd

[2023] FWCA 1499

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Amrep Animal Services Pty Ltd

(AG2023/1322)

AMREP AS PTY LTD ENTERPRISE AGREEMENT 2023-2026

Scientific services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 25 MAY 2023

Application for approval of the AMREP AS Pty Ltd Enterprise Agreement 2023-2026

Amrep Animal Services Pty Ltd has made an application for approval of an enterprise agreement known as the AMREP AS Pty Ltd Enterprise Agreement 2023-2026 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The employer has provided a written undertaking, a copy of which is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that it will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

Subject to the undertaking referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

The Agreement was approved on 25 May 2023 and, in accordance with s 54, it will operate from 1 June 2023. The nominal expiry date of the Agreement is 31 December 2026.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Amrep Animal Services Pty Ltd to approve the AMREP AS Pty Ltd Enterprise Agreement 2023-2026. The applicant sought to finalise the terms of employment for its employees as set out in the proposed agreement. The nature of the dispute revolved around whether the agreement met the legal standards required for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the proposed agreement provided for the mandatory terms as required by the Act and whether it had been made in accordance with the good faith bargaining provisions. Specifically, the Commission had to assess if the agreement was made without any coercion or undue influence and whether it complied with the requirements of procedural fairness. Additionally, the Commission needed to determine if the agreement provided adequate protection for the employees' interests and if it contained all the mandatory terms prescribed by the Act.

In its decision, the Commission found that the proposed agreement met all the necessary criteria for approval. The Commission concluded that the agreement provided for the mandatory terms and had been made in accordance with the good faith bargaining provisions. The applicant had demonstrated that the agreement was made without any coercion or undue influence and had followed the requisite procedural fairness. The Commission was satisfied that the agreement adequately protected the employees' interests and contained all the mandatory terms prescribed by the Act. Therefore, the Commission approved the AMREP AS Pty Ltd Enterprise Agreement 2023-2026.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established