DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ansaldo STS Australia Pty Ltd
(AG2018/6791)

ANSALDO STS AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 1 APRIL 2019

Application for approval of the Ansaldo STS Australia Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Ansaldo STS Australia Pty Ltd Enterprise Agreement 2019 (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. The Agreement is a single enterprise agreement.

[2] The Employer 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] 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.

[5] 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.

[6] The Electrical Trades Union 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.

[7] The Agreement was approved on 1 April 2019 and, in accordance with s.54, will operate from 8 April 2019. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Ansaldo STS Australia Pty Ltd, sought approval of the Ansaldo STS Australia Pty Ltd Enterprise Agreement 2019 from the Fair Work Commission. The dispute involved the terms and conditions of employment for employees covered by the agreement, with a particular focus on the classification and remuneration of certain employees. The Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009, including whether it was free from prohibited content and whether it provided for the proper classification and remuneration of employees.

The primary legal issue before the Commission was whether the enterprise agreement contained any terms that were contrary to the public interest or otherwise prohibited by the Fair Work Act. The Commission also needed to consider whether the agreement provided for the proper classification and remuneration of employees, taking into account the need for fairness and equity in the workplace. Additionally, the Commission had to determine whether the agreement was made in good faith and whether it was appropriately certified as a single-interest enterprise agreement.

In its decision, the Commission found that the enterprise agreement did not contain any terms that were contrary to the public interest or otherwise prohibited by the Fair Work Act. The Commission also found that the agreement provided for the proper classification and remuneration of employees, taking into account the need for fairness and equity in the workplace. The Commission was satisfied that the agreement was made in good faith and was appropriately certified as a single-interest enterprise agreement. Accordingly, the Commission approved the enterprise agreement, which will now be binding on the parties covered by it.

The Fair Work Commission approved the Ansaldo STS Australia Pty Ltd Enterprise Agreement 2019, finding that it met the requirements of the Fair Work Act and provided for the proper classification and remuneration of employees. The Commission also found that the agreement was made in good faith and was appropriately certified as a single-interest enterprise agreement. The approval of the enterprise agreement means that it will now be binding on the parties covered by it, and will govern the terms and conditions of employment for those employees.

Ansaldo STS Australia 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