DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Anchor Point Engineering Pty Ltd
(AG2016/7098)

ANCHOR POINT ENGINEERING PTY LTD COLLECTIVE AGREEMENT 2016-2020

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 30 NOVEMBER 2016

Application for approval of the ANCHOR POINT ENGINEERING PTY LTD COLLECTIVE Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the ANCHOR POINT ENGINEERING PTY LTD COLLECTIVE Agreement 2016-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Anchor Point Engineering Pty Ltd. 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 December 2016. The nominal expiry date of the Agreement is 31 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Anchor Point Engineering Pty Ltd applied for approval of the Anchor Point Engineering Pty Ltd Collective Agreement 2016-2020. The application was heard by the Fair Work Commission, and the applicant was represented by Counsel, while the respondent was not represented. The nature of the dispute was whether the collective agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues that the Commission was required to decide included whether the agreement complied with the procedural and substantive requirements for approval, and whether the agreement met the "better off overall test". The applicant argued that the agreement was procedurally valid, and that it met the better off overall test. The Commission found that the agreement was procedurally valid and that it met the better off overall test. The Commission also found that the agreement did not contain any terms that were contrary to public policy.

The Commission approved the agreement, noting that it provided for a fair and reasonable outcome for the employees. The Commission found that the agreement provided for a better overall outcome for the employees, and that it did not contain any terms that were contrary to public policy. The Commission approved the agreement, and it came into effect on the date of the decision. The applicant was entitled to rely on the approved agreement for the duration of its operation.

Anchor Point Engineering 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