DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

AMSANT T/A AMSANT Inc
(AG2015/1309)

AMSANT AGREEMENT 2015

Northern Territory
COMMISSIONER WILSON	MELBOURNE, 23 JULY 2015

Application for approval of the AMSANT Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the AMSANT 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 AMSANT T/A AMSANT Inc. 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 of the Act 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 30 July 2015. The nominal expiry date of the Agreement is 23 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter involved AMSANT, trading as AMSANT Inc, and was heard in the Fair Work Commission. AMSANT sought approval of the AMSANT Agreement 2015. The dispute centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009, particularly concerning minimum entitlements and the procedural fairness in its formation.

The Commission was tasked with determining whether the agreement was a genuine enterprise agreement as defined under the Act. Key issues included whether the agreement provided for the minimum entitlements as required, if the agreement was made in good faith, and if the proper procedures were followed in its creation. AMSANT argued that the agreement was bona fide and that all requisite steps were adhered to. Conversely, the opposition contended that the agreement did not meet the statutory minimum entitlements and that there were procedural deficiencies.

In its decision, the Commission thoroughly examined the evidence and submissions from both parties. It found that the agreement did indeed provide for the minimum entitlements and that it was made in good faith. The Commission also determined that the necessary procedures were followed in the agreement's formation, despite some procedural lapses. Given these findings, the Commission approved the AMSANT Agreement 2015.

The Commission's final orders included the approval of the AMSANT Agreement 2015, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the relevant employees as specified.

AMSANT T/A AMSANT Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established