DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ASC Pty Ltd
(AG2017/2989)

ASC PTY LTD (WESTERN AUSTRALIA) ENTERPRISE AGREEMENT 2017-2021

Manufacturing and associated industries
COMMISSIONER WILLIAMS	PERTH, 3 AUGUST 2017

Application for approval of the ASC Pty Ltd (Western Australia) Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the ASC Pty Ltd (Western Australia) Enterprise Agreement 2017-2021. (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ASC Pty Ltd. 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 as are relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 1 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 August 2017. The nominal expiry date of the Agreement is 3 August 2021.

COMMISSIONER

1 Section 2.09 and Schedule 2.3 of the Fair Work Regulations 2009

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

ASC Pty Ltd was before the Fair Work Commission, where the applicant sought approval of an enterprise agreement. The applicant, a company involved in the manufacture of naval vessels and submarines, sought the approval of the ASC Pty Ltd (Western Australia) Enterprise Agreement 2017-2021. The applicant contended that the agreement was fairly negotiated, complied with all statutory requirements, and provided for fair and reasonable terms and conditions of employment.

The key legal issues before the Commission were whether the agreement had been fairly negotiated, if it met all statutory requirements, and if it provided for fair and reasonable terms and conditions of employment. The Commission considered whether there had been genuine bargaining between the parties, whether the agreement complied with the requirements of the Fair Work Act 2009, and whether the terms and conditions of employment were fair and reasonable. The Commission assessed submissions and evidence from both parties, including the conduct of negotiations and the content of the agreement.

The Commission found that the applicant had met its burden of proving that the agreement was fairly negotiated and met all statutory requirements. The Commission considered the evidence of negotiation, including the conduct of the parties and the nature of the agreement. The Commission also considered whether the agreement complied with the Fair Work Act 2009, including whether it provided for minimum entitlements and did not include prohibited content. The Commission found that the agreement was fair and reasonable and met all statutory requirements. The Commission approved the agreement, stating that it provided for fair and reasonable terms and conditions of employment, and met all statutory requirements.

The Commission's approval of the ASC Pty Ltd (Western Australia) Enterprise Agreement 2017-2021 is a significant decision for the parties involved. The decision provides clarity on the requirements for enterprise agreements and the role of the Commission in approving such agreements. The decision also provides guidance to other employers and employees in negotiating and approving enterprise agreements. The approval of the agreement is likely to have significant implications for the parties involved, including the terms and conditions of employment for employees of the applicant.

ASC 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