DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Asset Industries Australia Pty Ltd T/A Asset Industries
(AG2016/3339)

ASSET INDUSTRIES PTY LTD AND UNITED VOICE CLEAN START UNION COLLECTIVE AGREEMENT 2015-2018

Australian Capital Territory
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 14 JULY 2016

Application for approval of the Asset Industries Pty Ltd and UNITED VOICE Clean Start Union Collective Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Asset Industries Pty Ltd and UNITED VOICE Clean Start Union Collective Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Asset Industries Australia Pty Ltd T/A Asset Industries. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] United Voice being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 14 July 2016 and, in accordance with s.54, will operate from 21 July 2016. The nominal expiry date of the Agreement is 14 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Asset Industries Australia Pty Ltd, trading as Asset Industries, applied for approval of the Asset Industries Pty Ltd and United Voice Clean Start Union Collective Agreement 2015-2018. The Union submitted that the agreement met the requirements of the Fair Work Act 2009 and should be approved. Asset Industries opposed the application, contending that the agreement did not meet the requirements of the Act.

The Commission identified several issues, including whether the agreement contained only matters that are bargainable under the Fair Work Act, and whether the agreement had been made in good faith. The Commission found that the agreement contained only bargainable matters and had been made in good faith. The Commission noted that the agreement contained provisions on pay rates, conditions of employment, and dispute resolution mechanisms. The Commission found that these provisions were within the scope of the Act and were appropriately bargained.

The Commission approved the agreement, finding that it met the requirements of the Fair Work Act. The Commission noted that the agreement contained provisions that were in the best interests of the employees and the employer. The Commission found that the agreement was fair and reasonable, and that it should be approved.

The Commission approved the Asset Industries Pty Ltd and United Voice Clean Start Union Collective Agreement 2015-2018. The Commission found that the agreement was appropriately bargained and met the requirements of the Fair Work Act. The Commission noted that the agreement contained provisions that were in the best interests of the employees and the employer, and that it should be approved.

Asset Industries Australia Pty Ltd T/A Asset Industries

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established