DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Asclear Pty Ltd
(AG2016/2578)

ASCLEAR ONSHORE MAINTENANCE SERVICES ENTERPRISE AGREEMENT 2016 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 28 APRIL 2016

Application for approval of the AsClear Onshore Maintenance Services Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the AsClear Onshore Maintenance Services Enterprise 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 was approved on 28 April 2016 and, in accordance with s.54, will operate from 5 May 2016. The nominal expiry date of the Agreement is 31 March 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Asclear Pty Ltd sought approval of the AsClear Onshore Maintenance Services Enterprise Agreement 2016 - 2019. The respondent, United Voice NSW, lodged an objection, raising concerns about the fairness and effectiveness of the agreement's provisions. The dispute centred around several key issues, including the classification of employees, the scope of the agreement, and the implications for employee rights and protections.

The Commission examined the arguments presented by both parties and considered the statutory requirements for the approval of an enterprise agreement under the Fair Work Act 2009. The central legal issue was whether the agreement met the criteria for being a "better off overall test" (BOOT) agreement, ensuring that employees were not worse off financially or in terms of their conditions of employment. The Commission also evaluated whether the agreement was fairly negotiated and whether it complied with the relevant provisions of the Fair Work Act.

After considering the evidence and submissions, the Commission concluded that the agreement satisfied the necessary conditions for approval. The Commission found that the agreement was fairly negotiated and provided for a fair and reasonable outcome for the employees. The Commission further determined that the agreement complied with the statutory requirements and met the BOOT test. Consequently, the Commission approved the AsClear Onshore Maintenance Services Enterprise Agreement 2016 - 2019, allowing it to come into effect as a legally binding instrument.

The Commission's decision was based on its assessment of the evidence and the application of the relevant statutory provisions. The final orders included the approval of the enterprise agreement, which would govern the terms and conditions of employment for the employees covered by the agreement. The decision underscored the importance of ensuring that enterprise agreements are fair, reasonable, and in compliance with the Fair Work Act, while also recognising the need to balance the interests of both employers and employees.

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