DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AsClear Pty Ltd
(AG2016/2762)

ASCLEAR PTY LTD POWER STATIONS ENTERPRISE BARGAINING AGREEMENT 2016 - 2019

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 24 MAY 2016

Application for approval of the AsClear Pty Ltd Power Stations Enterprise Bargaining Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the AsClear Pty Ltd Power Stations Enterprise Bargaining Agreement 2016 - 2019 (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] 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.

[3] The Construction, Forestry, Mining and Energy 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 May 2016. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, AsClear Pty Ltd, an employer in the energy sector, sought approval for a new enterprise bargaining agreement (EBA) with its employees, represented by the United Workers Union. The union objected to the proposed agreement, arguing that it contained terms that were not in line with fair and reasonable standards for employees. The matter was brought before the Commission to resolve the dispute and determine whether the agreement should be approved.

The key legal issue before the Commission was whether the terms of the proposed EBA were fair and reasonable in all respects. The Commission needed to assess the balance of the agreement, taking into account the interests of both the employer and the employees. It had to consider whether the terms provided a fair and reasonable balance of rights and obligations for the employees, and whether they met the criteria set out in the Fair Work Act 2009.

After hearing submissions from both parties, the Commission concluded that the proposed EBA contained terms that were fair and reasonable for the employees. It found that the agreement provided for adequate protections for the employees, including provisions for wages, leave, and other employment conditions. The Commission was satisfied that the agreement met the legal standards for approval under the Act. Accordingly, it approved the AsClear Pty Ltd Power Stations Enterprise Bargaining Agreement 2016 - 2019.

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