Aserve Victoria Pty Ltd

[2022] FWCA 3394

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Aserve Victoria Pty Ltd

(AG2022/3801)

Aserve Victoria Ply Ltd Enterprise Agreement 2022-2026

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 30 SEPTEMBER 2022

Application for approval of the Aserve Victoria Pty Ltd Enterprise Agreement 2022-2026

An application has been made by Aserve Victoria Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (the Act) for approval of an enterprise agreement known as the Aserve Victoria Pty Ltd Enterprise Agreement 2022-2026 (the Agreement).

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.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 October 2022. The nominal expiry date of the Agreement is 30 September 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Aserve Victoria Pty Ltd sought approval of the Aserve Victoria Pty Ltd Enterprise Agreement 2022-2026. The application was made under section 187 of the Fair Work Act 2009, and the dispute involved various terms and conditions of employment, including wages, hours of work, and other benefits. The matter was heard in the Fair Work Commission.

The primary legal issues before the Commission were whether the proposed agreement complied with the procedural and substantive requirements of the Fair Work Act. Procedurally, the Commission had to determine if the agreement was genuinely negotiated, and if the necessary consultation processes were followed. Substantively, the Commission assessed whether the terms and conditions were fair and reasonable, considering the best interests of the employees and the need for a productive and harmonious workplace.

The Commission found that the agreement had been genuinely negotiated and that the appropriate consultation processes had been followed. It also determined that the terms and conditions were fair and reasonable, taking into account the overall context of the bargaining process and the needs of the employees. The Commission approved the agreement, finding it to be in the best interests of the employees and conducive to a productive and harmonious workplace.

The Fair Work Commission approved the Aserve Victoria Pty Ltd Enterprise Agreement 2022-2026, confirming its compliance with the Fair Work Act and its fairness and reasonableness in terms of the employees' interests and workplace harmony.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established