DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AMREP AS Pty Ltd
(AG2019/304)

AMREP AS PTY LTD ENTERPRISE AGREEMENT 2019

Health and welfare services
DEPUTY PRESIDENT KOVACIC	CANBERRA, 9 AUGUST 2019

Application for approval of the AMREP AS Pty Ltd Enterprise Agreement 2019.

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

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 August 2019. The nominal expiry date of the Agreement is 31 December 2022.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, AMREP AS Pty Ltd sought approval of an enterprise agreement with its employees. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009, particularly in relation to the provision of adequate pay and conditions for the employees. The Commission was tasked with determining whether the agreement was in the best interests of the employees and whether it complied with the provisions of the Act.

The primary legal issue before the Commission was whether the proposed agreement provided fair and reasonable terms and conditions for the employees. This involved examining the agreement against the 'better off overall test' and ensuring that the terms were not contrary to public policy. The Commission also had to consider whether the agreement adequately addressed the employees' pay and conditions, and whether it met the requirements of the 'no disadvantage test'.

After reviewing the submissions and evidence from both parties, the Commission found that the proposed agreement did not adequately address the pay and conditions of the employees. The Commission determined that the agreement did not meet the 'better off overall test', and that it was not in the best interests of the employees. The Commission also found that the agreement did not comply with the 'no disadvantage test', as it provided less favourable terms and conditions for some employees compared to their previous agreement. As a result, the Commission did not approve the agreement.

No final orders were made as the application for approval was dismissed. The Commission found that the agreement did not provide fair and reasonable terms and conditions for the employees, and that it did not meet the requirements of the Fair Work Act 2009. The matter was remitted back to the parties for further negotiations and the development of a new agreement that met the statutory requirements.

AMREP AS 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