DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AsClear Pty Ltd
(AG2017/6476)

ASCLEAR GENERAL WORKS ENTERPRISE AGREEMENT 2017 - 2020

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 1 JUNE 2018

Application for approval of the AsClear General Works Enterprise Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the AsClear General Works Enterprise Agreement 2017 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by AsClear Pty Ltd. 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 is approved and, in accordance with s.54 of the Act, will operate from 8 June 2018. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, AsClear Pty Ltd, sought approval of the AsClear General Works Enterprise Agreement 2017-2020, which had been entered into between the applicant and the respondent, the Electrical Trades Union of Australia (ETUA). The application was made under the Fair Work Act 2009, and the dispute was heard by the Fair Work Commission (FWC). The ETUA opposed the application on the basis that the agreement did not meet the criteria for modern awards as outlined in the Act.

The legal issues before the FWC involved the interpretation and application of the Fair Work Act, specifically sections concerning the registration of enterprise agreements. The ETUA argued that the agreement did not appropriately address several matters, including minimum wages, penalty rates, and conditions such as leave entitlements, which were essential for meeting the modern award standards. The FWC needed to determine whether the agreement complied with the statutory requirements for enterprise agreements, including the "better off overall test" which ensures that employees are not worse off under the agreement compared to their current conditions.

In assessing the application, the FWC examined the provisions of the proposed agreement against the criteria set forth in the Fair Work Act. The FWC found that the agreement provided for conditions that were at least as favourable as the relevant modern award. The FWC concluded that the agreement did meet the "better off overall test" and was therefore eligible for registration. The FWC also noted the importance of the agreement in providing a fair and efficient framework for the working relationship between AsClear Pty Ltd and its employees.

The FWC approved the AsClear General Works Enterprise Agreement 2017-2020, finding it to be compliant with the Fair Work Act. The decision was based on the conclusion that the agreement met the statutory requirements for enterprise agreements, including the "better off overall test". The ETUA's objections were not upheld, and the agreement was registered accordingly.

AsClear 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