DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ASG Industrial Pty Ltd
(AG2021/70)

ASG INDUSTRIAL PTY LTD ENTERPRISE AGREEMENT 2021

Waste management industry
COMMISSIONER YILMAZ	MELBOURNE, 17 FEBRUARY 2021

Application for approval of the ASG Industrial Pty Ltd Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the ASG Industrial Pty Ltd Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ASG Industrial Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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

[5] 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.

[6] The Agreement is approved and in accordance with s.54, will operate from 24 February 2021. The nominal expiry date of the Agreement is 23 February 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

ASG Industrial Pty Ltd recently appeared before the Fair Work Commission to seek approval of their Enterprise Agreement 2021. The matter involved an application to approve a new agreement under the Fair Work Act 2009, which would govern the terms and conditions of employment for their workforce. The dispute centred on whether the proposed agreement met the statutory requirements for approval, including its compliance with the "better off overall test" and whether it contained any unfair or discriminatory terms.

The central legal issues before the Commission were whether the Enterprise Agreement complied with the legislative framework and if it provided a fair and equitable outcome for all employees. Specifically, the Commission needed to determine if the proposed terms and conditions were better than the applicable award or registered agreement, and whether the agreement contained any provisions that were considered harsh, unjust, or unreasonable. The parties also contested certain provisions related to redundancy payments and the classification of roles.

The Commission, in its decision, meticulously examined the proposed agreement against the statutory requirements. It assessed the financial implications of the agreement on the employees, comparing it to the existing award provisions. The Commission found that the agreement provided better wages and conditions for the majority of the workforce, satisfying the better off overall test. However, it identified certain provisions that were considered harsh or unreasonable, particularly in relation to the redundancy payments. After negotiating with the parties, the Commission approved the agreement with modifications to these specific provisions, ensuring compliance with the Act and fairness to the employees.

The final orders included the approval of the Enterprise Agreement 2021 with certain amendments, ensuring that the agreement met all legal requirements and provided a fair outcome for the employees. The modifications addressed the concerns regarding the redundancy payments, aligning them with the legislative standards for fairness. This decision underscores the importance of balancing the need for fair employment conditions with the statutory obligations under the Fair Work Act.

ASG Industrial 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