Asset Power Solutions Pty Ltd T/A Asset Power Solutions

[2022] FWCA 2993

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Asset Power Solutions Pty Ltd T/A Asset Power Solutions

(AG2022/3207)

Asset Power Solutions Employee Agreement 2021

Electrical contracting industry
COMMISSIONER SPENCER	BRISBANE, 30 AUGUST 2022

Application for approval of the Asset Power Solutions Employee Agreement 2021

An application has been made for approval of an enterprise agreement known as the Asset Power Solutions Employee Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Asset Power Solutions Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

Subject to matters that have been addressed by way of an undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

As noted, pursuant to s.190(3), I have accepted an undertaking from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

Pursuant to s.186(6) of the Act, the model dispute resolution term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 September 2022. The nominal expiry date of the Agreement is 30 September 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Asset Power Solutions Pty Ltd T/A Asset Power Solutions, the Fair Work Commission was tasked with approving the Asset Power Solutions Employee Agreement 2021. This agreement was intended to cover a group of employees who were employed under various contracts across different locations. The dispute centred on whether the proposed agreement was fair and balanced, taking into account the specific needs and rights of the employees involved.

The primary legal issues the Commission had to address were whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it appropriately balanced the rights and obligations of both the employer and the employees. The Commission also had to consider the procedural fairness of how the agreement was negotiated and the extent to which it adhered to relevant minimum standards and enterprise bargaining principles.

In deliberating on the matter, the Commission noted that the agreement was comprehensive and included provisions for minimum wages, leave entitlements, and dispute resolution mechanisms. However, the Commission also identified certain areas of concern, particularly regarding the classification of employees and the allocation of work responsibilities. After careful consideration, the Commission determined that while the agreement contained some shortcomings, it did not significantly deviate from the statutory minimum standards and provided a fair basis for the employer and employees to operate under. The Commission ultimately approved the agreement, subject to certain conditions aimed at addressing the identified concerns.

The Fair Work Commission's decision concluded that the Asset Power Solutions Employee Agreement 2021 was suitable for approval, with the conditions imposed to ensure that it operated fairly and in compliance with the Fair Work Act. The Commission's decision provides a clear guideline for both parties on the expectations and requirements moving forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established