DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Asan Administration Trust T/A Asan Administration Services Pty Ltd
(AG2014/8197)

ASAN ADMINISTRATION SERVICES PTY LTD ENTERPRISE AGREEMENT 2014 - 2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 12 DECEMBER 2014

Application for approval of the Asan Administration Services Pty Ltd Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known asthe Asan Administration Services Pty Ltd Enterprise Agreement 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Asan Administration Trust T/A Asan Administration Services Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 12 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Asan Administration Trust trading as Asan Administration Services Pty Ltd, filed an application with the Fair Work Commission to approve the Enterprise Agreement 2014-2017. The application was contested by the Australian Services Union, the respondent. The primary dispute revolved around whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The Commission was tasked with determining if the agreement provided for fair and reasonable terms and conditions and whether it had been genuinely negotiated.

The court had to decide whether the agreement met the statutory requirements under the Fair Work Act, particularly whether it provided for fair and reasonable terms and conditions. This involved examining the negotiation process and the contents of the agreement to ensure it aligned with the legislative standards. Additionally, the court needed to assess if the agreement provided for genuine consultation and if it was free from any improper influence or coercion. The court also had to consider the broader implications of the agreement on the employees and the industry.

The Fair Work Commission, after reviewing the submissions and the evidence, found that the agreement met the criteria for approval. The court acknowledged that the negotiation process appeared to have been genuine, with both parties participating in good faith. The terms of the agreement were deemed fair and reasonable, providing adequate protections and benefits to the employees. The Commission concluded that the agreement would not have an adverse effect on the broader industrial relations system and approved the enterprise agreement. The court ordered that the Enterprise Agreement 2014-2017 be registered, effective from the date of the decision.

Asan Administration Trust T/A Asan Administration Services 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