DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Applus Pty Ltd
(AG2019/482)

APPLUS PTY LTD WESTERN AUSTRALIA, NORTHERN TERRITORY AND QUEENSLAND NDT ENTERPRISE AGREEMENT 2019 - 2022

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 18 JUNE 2019

Application for approval of the Applus Pty Ltd Western Australia, Northern Territory and Queensland NDT Enterprise Agreement 2019 - 2022.

[1] An application has been made for approval of a single enterprise agreement known as the Applus Pty Ltd Western Australia, Northern Territory and Queensland NDT Enterprise Agreement 2019 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Applus Pty Ltd.

[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.594(1)(c) of the Act the signature details of the employee representative are confidential and have been redacted.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 June 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Applus Pty Ltd, a company engaged in non-destructive testing services. The dispute was centred on the application for the approval of the Applus Pty Ltd Western Australia, Northern Territory and Queensland NDT Enterprise Agreement 2019-2022. The Fair Work Commission was the tribunal before which the matter was heard.

The primary legal issue before the Commission was whether the terms of the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the criteria for being a "single interest" enterprise agreement and whether it contained all the "protected action" provisions as mandated by the legislation. Another issue was whether the agreement adequately safeguarded the rights of employees, particularly those classified as "casual employees."

The Fair Work Commission found that the proposed agreement met the criteria for a "single interest" enterprise agreement and included all the necessary "protected action" provisions. The Commission also determined that the agreement adequately safeguarded the rights of all employees, including casual employees. The Commission approved the agreement, noting the benefits it provided to both the company and its employees, such as wage increases and improved working conditions.

The Fair Work Commission approved the Applus Pty Ltd Western Australia, Northern Territory and Queensland NDT Enterprise Agreement 2019-2022, subject to its conditions. The approval took effect from the date of the decision, and the agreement was registered with the Fair Work Commission. The decision marked the successful conclusion of the application process for the enterprise agreement, ensuring that the terms of the agreement would be legally binding for the duration of its validity.

Applus 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