DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AMS Commercial Solutions Pty Ltd T/A Commercial Solutions
(AG2016/5260)

AMS COMMERCIAL SOLUTIONS PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 10 OCTOBER 2016

Application for approval of the AMS Commercial Solutions Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the AMS Commercial Solutions Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by AMS Commercial Solutions Pty Ltd T/A Commercial Solutions. 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. 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.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The Agreement was approved on 10 October 2016 and, in accordance with s.54, will operate from 17 October 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

AMS Commercial Solutions Pty Ltd, trading as Commercial Solutions, applied to the Fair Work Commission for approval of the AMS Commercial Solutions Pty Ltd Enterprise Agreement 2016. The application was made under the Fair Work Act 2009, seeking the agreement's registration to ensure compliance with the Act and to facilitate the resolution of workplace disputes. The dispute centred on the terms and conditions of employment within the enterprise, with various parties expressing concerns over specific provisions in the proposed agreement.

The legal issues before the Commission included whether the agreement contained all mandatory terms required by the Fair Work Act, if it provided for a fair and reasonable process for the resolution of workplace disputes, and if it adequately protected the rights of employees. Additionally, the Commission had to consider whether the agreement was genuinely negotiated between the employer and the employees or their representatives and if it met the requirements for approval under the Act. The Commission also needed to assess if the agreement included provisions that ensured the rights of employees were protected and promoted.

The Fair Work Commission found that the proposed enterprise agreement did contain all the mandatory terms required by the Fair Work Act and provided for a fair and reasonable process for the resolution of workplace disputes. The Commission determined that the agreement had been genuinely negotiated and met the requirements for approval under the Act. The rights of employees were adequately protected within the agreement, and it promoted the efficient operation of the enterprise. Consequently, the Commission approved the AMS Commercial Solutions Pty Ltd Enterprise Agreement 2016 for registration.

AMS Commercial Solutions Pty Ltd T/A Commercial Solutions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established