DECISION

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

Asset Power Solutions Pty Ltd
(AG2015/729)

ASSET POWER SOLUTIONS EMPLOYEE AGREEMENT 2015

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 16 APRIL 2015

Application for approval of the Asset Power Solutions Employee Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Asset Power Solutions Employee Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

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

[3] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 23 April 2015. The nominal expiry date of the Agreement is 30 September 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Asset Power Solutions Pty Ltd applied to the Federal Circuit Court for the approval of the Asset Power Solutions Employee Agreement 2015. The applicant sought to have the agreement approved under section 233 of the Fair Work Act 2009, which allows for the approval of an enterprise agreement by a majority of employees in an enterprise. The applicant argued that the agreement was a lawful enterprise agreement that had been fairly negotiated and was in the best interests of the employees.

The legal issues before the court were whether the agreement was an enterprise agreement within the meaning of the Fair Work Act, whether the agreement had been fairly negotiated, and whether the agreement was in the best interests of the employees. The court had to consider the evidence presented by both parties and determine whether the agreement met the requirements of the Fair Work Act.

The court found that the agreement was an enterprise agreement and had been fairly negotiated. However, the court found that the agreement was not in the best interests of the employees. The court found that the agreement did not provide adequate protections for employees in relation to redundancy payments, annual leave, and other entitlements. The court refused to approve the agreement.

The court ordered that the application for approval of the Asset Power Solutions Employee Agreement 2015 be dismissed. The court ordered that the applicant pay the respondent's costs of the application.

Asset Power Solutions 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