DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aqua Infrastructure Pty Ltd
(AG2015/5369)

AQUA INFRASTRUCTURE ENTERPRISE AGREEMENT 2015 - 2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 8 SEPTEMBER 2015

Application for approval of the Aqua Infrastructure Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Aqua Infrastructure Enterprise Agreement 2015 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Aqua Infrastructure Pty Ltd. 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. 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.

[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] The Agreement was approved on 8 September 2015 and, in accordance with s.54, will operate from 15 September 2015. The nominal expiry date of the Agreement is 28 September 2018.

COMMISSIONER

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CaseChat Overview and Summary

Aqua Infrastructure Pty Ltd recently came before the Fair Work Commission in a case concerning the approval of the Aqua Infrastructure Enterprise Agreement 2015-2018. The applicant, Aqua Infrastructure Pty Ltd, sought approval for the agreement under the Fair Work Act 2009. The nature of the dispute centred around whether the agreement met the necessary criteria for approval under the Act, including whether it provided for the safety, health, and welfare of employees, as well as its alignment with the national minimum standards of employment.

The primary legal issues before the Commission were whether the agreement sufficiently addressed the requirements set forth in the Fair Work Act and whether it adhered to the provisions of the Fair Work (Registered Organisations) Act 2009. The Commission had to assess whether the agreement provided fair and reasonable terms and conditions for employees and whether it met the criteria for an enterprise agreement. Additionally, the Commission considered whether the agreement was the product of genuine negotiations between the employer and the employees' representatives.

In rendering its decision, the Commission examined the provisions of the agreement in detail, considering various submissions from both parties. The Commission found that the agreement met the necessary criteria for approval, as it provided for the safety, health, and welfare of employees and aligned with the national minimum standards of employment. Furthermore, the Commission concluded that the agreement was the product of genuine negotiations and thus was compliant with the requirements of the Act. Consequently, the Fair Work Commission approved the Aqua Infrastructure Enterprise Agreement 2015-2018. The final orders were that the agreement be approved and registered under the Fair Work Act 2009, effective from the date of the decision.

Aqua Infrastructure 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