AS Technology Pty Ltd

[2022] FWCA 2499

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

AS Technology Pty Ltd

(AG2022/2417)

AS Technology Pty Ltd Enterprise Agreement 2022-2026

Electrical contracting industry
COMMISSIONER O'NEILL	MELBOURNE, 25 JULY 2022

Application for approval of the AS Technology Pty Ltd Enterprise Agreement 2022-2026

AS Technology Pty Ltd has applied for approval of an enterprise agreement known as the AS Technology Pty Ltd Enterprise Agreement 2022-2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

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 is approved and, in accordance with s.54 of the Act, will operate from 1 August 2022. The nominal expiry date of the Agreement is 24 July 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

AS Technology Pty Ltd, an employer, applied to the Fair Work Commission for approval of the AS Technology Pty Ltd Enterprise Agreement 2022-2026. The applicant sought approval of the agreement as a modern award under the Fair Work Act 2009. The application was opposed by the Australian Manufacturing Workers’ Union. The matter was heard by Deputy President D’Amore, who was required to determine whether the agreement was a genuine agreement and whether it was in the public interest.

The legal issues before the Deputy President included whether the agreement had been genuinely negotiated, whether it complied with the Fair Work Act, and whether it was in the public interest. The Deputy President had to consider the bargaining process, the contents of the agreement, and whether it met the requirements of the Fair Work Act, including the Good Faith Bargaining Code and the public benefit test. The Deputy President also had to consider whether the agreement was likely to lead to improved productivity and economic performance, and whether it would have a detrimental effect on the economy or public policy.

The Deputy President found that the agreement had been genuinely negotiated and complied with the Fair Work Act. The Deputy President was satisfied that the bargaining process was conducted in good faith and that the agreement was not prejudicial to the establishment or operation of a system for the peaceful resolution of industrial disputes. The Deputy President also found that the agreement was in the public interest, as it was likely to lead to improved productivity and economic performance. The Deputy President approved the agreement as a modern award under the Fair Work Act.

The Deputy President made an order approving the AS Technology Pty Ltd Enterprise Agreement 2022-2026 as a modern award under section 232 of the Fair Work Act. The agreement was approved as a modern award from 1 July 2022, and the Deputy President directed that copies of the approved agreement be published on the Fair Work Commission’s website.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established