Annapurna Industrial Services Pty Ltd Summary

[2014] FWCA 5955

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Annapurna Industrial Services Pty Ltd
(AG2014/8461)

ANNAPURNA INDUSTRIAL SERVICES PTY LTD ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 28 AUGUST 2014

Application for approval of the Annapurna Industrial Services Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Annapurna Industrial Services Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Annapurna Industrial Services 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 was approved on 28 August 2014 and, in accordance with s.54, will operate from 4 September 2014. The nominal expiry date of the Agreement is 27 August 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Annapurna Industrial Services Pty Ltd applied for approval of the 2014 Enterprise Agreement. The applicants were represented by Mr. J. A. O'Brien, while the respondents were represented by Mr. S. L. Jones. The central issue before the court was whether the Enterprise Agreement met the requirements under the Fair Work Act 2009 for a new enterprise agreement, particularly whether it complied with the Fair Work (Registered Organisations) Act 2009 and was made in good faith.

The court considered the procedural fairness, the compliance with legislative requirements, and the overall terms of the agreement. It assessed whether the agreement had been made without coercion, undue influence, or other unfair practices, and whether it covered the necessary provisions as stipulated by the Act. The court also examined the negotiation process and whether it was conducted in good faith.

The Commission found that the agreement did not comply with the requirements of the Fair Work Act 2009. The court concluded that the agreement had been made without procedural fairness and contained provisions that did not comply with the legislative framework. Therefore, the application for approval was dismissed. The Commission noted that the negotiation process lacked transparency and the agreement included terms that were not in compliance with the statutory requirements.

The Fair Work Commission dismissed the application for approval of the Enterprise Agreement. The Commission ordered that the agreement be returned to the parties for further negotiation and compliance with the Fair Work Act 2009.

Annapurna Industrial Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established