DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Aspen Group International Pty Ltd
(AG2015/604)

ASPEN GROUP INTERNATIONAL PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 7 MAY 2015

Application for approval of the Aspen Group International Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Aspen Group International Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Aspen Group International Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 14 May 2015. The nominal expiry date of the Agreement is 14 May 2019.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved Aspen Group International Pty Ltd, an employer, and its employees, represented by a union. The union sought approval of an enterprise agreement which would govern the terms and conditions of employment for the employees. The application was heard in the Fair Work Commission. The primary issue before the Commission was whether the proposed enterprise agreement was in the best interests of the employees and whether it complied with the relevant legislative provisions. Specifically, the Commission had to determine if the agreement provided fair and reasonable terms, and whether it was free from any provisions that could be considered coercive or oppressive.

The Commission considered the submissions from both parties and reviewed the content of the proposed agreement. It examined whether the agreement provided for appropriate minimum rates of pay, reasonable working hours, and adequate leave provisions. The Commission also assessed whether the agreement adequately protected the rights of employees and whether it was genuinely negotiated between the employer and the union. In delivering its decision, the Commission found that the agreement was fair and reasonable and did not contain any coercive or oppressive provisions. The Commission was satisfied that the agreement was in the best interests of the employees and approved it under the Fair Work Act.

The Fair Work Commission approved the Aspen Group International Pty Ltd Enterprise Agreement 2015, determining that it provided fair and reasonable terms for the employees and was genuinely negotiated. The Commission found that the agreement did not contain any coercive or oppressive provisions and was in the best interests of the employees. The approval of the agreement ensures that the terms and conditions of employment for the employees are governed by the provisions set out in the agreement, providing certainty and protection for both the employer and the employees.

Aspen Group International 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