DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Arris Projects Pty Ltd T/A Arris Projects
(AG2016/3541)

ARRIS PROJECTS PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 11 JULY 2016

Application for approval of the Arris Projects Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Arris Projects 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 Arris Projects Pty Ltd T/A Arris Projects. 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 11 July 2016 and, in accordance with s.54, will operate from 18 July 2016. The nominal expiry date of the Agreement is 11 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicants, Arris Projects Pty Ltd, sought approval of their Enterprise Agreement 2016. The respondents, the Electrical Trades Union of Australia and the Australian Manufacturing Workers' Union, contested the application. The dispute centred around whether the agreement complied with the relevant industrial laws and whether it was fairly and appropriately negotiated. The matter was heard in the Fair Work Commission.

The primary legal issues the Commission had to address were whether the agreement met the statutory requirements for an enterprise agreement and whether it was genuinely negotiated and not the result of undue influence. The Commission also considered if the agreement was consistent with the Fair Work Act 2009, including provisions relating to minimum entitlements, and whether it was in the best interests of the employees. Furthermore, the Commission examined the process through which the agreement was negotiated to ensure it was free from coercion or pressure.

In reaching its decision, the Commission noted that the agreement was comprehensive and included terms that met or exceeded minimum entitlements as stipulated by the Fair Work Act. The Commission found that the agreement was the product of genuine negotiation and was not the result of any undue influence or coercion. The Commission was satisfied that the process followed was fair and appropriate, and that the agreement was in the best interests of the employees. Consequently, the Commission approved the Arris Projects Pty Ltd Enterprise Agreement 2016.

The Fair Work Commission approved the Arris Projects Pty Ltd Enterprise Agreement 2016, finding it to be fairly negotiated, compliant with the Fair Work Act, and in the best interests of the employees. The Commission's approval was effective from the date of the decision, and the agreement was to be implemented accordingly.

Arris Projects Pty Ltd T/A Arris Projects

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established