DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Assess Orr Pty Ltd
(AG2019/1292)

ASSESS ORR PTY LTD ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 13 MAY 2019

Application for approval of the Assess Orr Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Assess Orr Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Assess Orr 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 May 2019. The nominal expiry date of the Agreement is 19 May 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Assess Orr Pty Ltd applied for approval of the Assess Orr Pty Ltd Enterprise Agreement 2019. The application was contested by the Electrical Trades Union of Australia. The dispute centred around whether the agreement complied with the statutory requirements for enterprise agreements under the Fair Work Act 2009. Key issues included whether the agreement appropriately dealt with redundancy and whether it contained adequate provisions for minimum rates of pay.

The Commission considered the legal requirements for enterprise agreements, focusing on provisions concerning redundancy and minimum rates of pay. The Electrical Trades Union of Australia argued that the agreement did not sufficiently address redundancy, particularly in relation to the conditions under which employees could be made redundant. Additionally, the union contended that the agreement failed to establish clear minimum rates of pay, potentially leading to confusion and disputes among employees.

The Commission examined the specific clauses in the agreement and found that they met the statutory requirements. The agreement included detailed provisions for redundancy, which were in line with the Fair Work Act 2009. Regarding minimum rates of pay, the Commission noted that the agreement specified clear rates and conditions that adhered to the legal standards. Therefore, the Commission approved the Assess Orr Pty Ltd Enterprise Agreement 2019, finding it to be compliant with the relevant legislative framework.

Assess Orr 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