DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ansaldo STS Australia Pty Ltd t/a Ansaldo STS
(AG2016/1738)

ANSALDO STS AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2016

Electrical contracting industry
COMMISSIONER GREGORY	MELBOURNE, 30 AUGUST 2016

Application for approval of the Ansaldo STS Australia Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Ansaldo STS Australia 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 Ansaldo STS Australia Pty Ltd t/a Ansaldo STS. The Agreement is a single enterprise agreement.

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

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 September 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Ansaldo STS Australia Pty Ltd, sought the Fair Work Commission's approval for the Ansaldo STS Australia Pty Ltd Enterprise Agreement 2016. The application was contested by the Electrical Trades Union of Australia, who raised concerns about the agreement's provisions. The matter was heard and determined by the Fair Work Commission.

The legal issues before the Commission centred on whether the enterprise agreement complied with the requirements of the Fair Work Act 2009, specifically focusing on whether the agreement met the "better off overall test" and whether it contained provisions that were contrary to public policy or that unfairly discriminated against employees. The Commission also needed to consider whether the agreement had been genuinely negotiated and whether it contained appropriate dispute resolution mechanisms.

The Commission considered the arguments presented by both parties, reviewed the terms and conditions of the enterprise agreement, and examined whether the agreement met the statutory requirements. The Commission found that the agreement complied with the better off overall test, did not contain provisions that were contrary to public policy, and had been genuinely negotiated. The Commission also found that the agreement contained appropriate dispute resolution mechanisms. Based on this, the Commission approved the enterprise agreement.

Consequently, the Fair Work Commission approved the Ansaldo STS Australia Pty Ltd Enterprise Agreement 2016, finding it to be compliant with the requirements of the Fair Work Act 2009. The Electrical Trades Union of Australia's objections were dismissed.

Ansaldo STS Australia Pty Ltd t/a Ansaldo STS

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established