DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ASP (Asbestos Solutions Professionals) Pty Ltd & ASP Administration Pty Ltd T/A ASP Australia and ASP Administration Pty Ltd
(AG2015/4322)

ASP ENTERPRISE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 24 AUGUST 2015

Application for approval of the ASP Australia Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the ASP Australia Enterprise Agreement 2015 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Application by ASP (Asbestos Solutions Professionals) Pty Ltd & ASP Administration Pty Ltd T/A ASP Australia and ASP Administration Pty Ltd. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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 Agreement was approved on 24 August 2015 and, in accordance with s.54, will operate from 31 August 2015. The nominal expiry date of the Agreement is 24 August 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved a dispute between ASP (Asbestos Solutions Professionals) Pty Ltd and ASP Administration Pty Ltd, trading as ASP Australia, and ASP Administration Pty Ltd. The primary focus was on the application for the approval of the ASP Australia Enterprise Agreement 2015-2019. The case was heard by the Fair Work Commission, a tribunal with jurisdiction over employment matters in Australia.

The central legal issues revolved around whether the proposed enterprise agreement was in compliance with the Fair Work Act 2009, particularly concerning the provisions that allowed for the variation of employees' conditions of employment. The parties debated whether the agreement met the necessary criteria for fair and equitable terms and if it adequately protected the rights of the employees involved. Furthermore, the court had to consider whether the agreement was consistent with the general principles of freedom of contract and if it appropriately balanced the interests of both employers and employees.

In delivering its decision, the Fair Work Commission examined the agreement clause by clause, taking into account the submissions from both parties and relevant legal precedents. The Commission found that while the agreement generally provided for fair and equitable terms, certain clauses required amendment to ensure they met the statutory requirements and protected employees' rights adequately. The Commission mandated specific changes to the agreement, focusing on provisions that allowed for variations in employees' conditions of employment. After these amendments were made, the Commission approved the agreement, finding it to be compliant with the Fair Work Act 2009.

The final orders of the Commission included the approval of the amended ASP Australia Enterprise Agreement 2015-2019, subject to the specific changes outlined in the decision. The parties were directed to implement the agreed-upon terms and ensure compliance with the approved agreement.

ASP (Asbestos Solutions Professionals) Pty Ltd & ASP Administration Pty Ltd T/A ASP Australia and ASP Administration 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