DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Applied Air Services (Qld) Pty Ltd
(AG2017/26)

APPLIED AIR SERVICES (QLD) PTY LTD (SCAPE STUDENT ACCOMMODATION) ENTERPRISE AGREEMENT 2016 - 2019

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 24 FEBRUARY 2017

Application for approval of the Applied Air Services (Qld) Pty Ltd (Scape Student Accommodation) Enterprise Agreement - 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Applied Air Services (Qld) Pty Ltd (Scape Student Accommodation) Enterprise Agreement - 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Applied Air Services (Qld) 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 24 February 2017 and, in accordance with s.54, will operate from 3 March 2017. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved a dispute between Applied Air Services (Qld) Pty Ltd and its employees, represented by the Australian Manufacturing Workers Union. The applicants sought approval of an enterprise agreement which was intended to cover the period from 2016 to 2019. The nature of the dispute centred on the terms and conditions of employment under the proposed agreement and whether it met the requirements of the Fair Work Act 2009.

The primary legal issues that the Commission had to address included whether the agreement contained all the mandated terms, whether it had been fairly negotiated, and if it met the "better off overall test." The applicants had to demonstrate that the proposed agreement was not less favourable to employees than the applicable award or any other relevant agreement and that it had been negotiated in good faith. Additionally, the Commission needed to consider if the agreement allowed for proper consultation and if it met the requirements for being a simple, clear, and accessible document.

In reaching its decision, the Fair Work Commission examined the evidence presented regarding the negotiation process and the terms of the agreement. The Commission found that the agreement had been negotiated in good faith and that it contained all the required terms. It also determined that the proposed agreement was not less favourable to employees than the applicable award, thus satisfying the better off overall test. The Commission further found that the agreement allowed for proper consultation and was a simple, clear, and accessible document. Based on these findings, the Commission approved the application for the enterprise agreement.

Consequently, the Fair Work Commission granted the application for approval of the enterprise agreement between Applied Air Services (Qld) Pty Ltd and its employees. The approved agreement will now govern the employment conditions of the parties for the specified period from 2016 to 2019.

Applied Air Services (Qld) 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