DECISION

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

Asset Power Solutions Pty Ltd T/A Asset Power Solutions
(AG2018/6531)

ASSET POWER SOLUTIONS EMPLOYEE AGREEMENT 2018

Electrical contracting industry
COMMISSIONER RIORDAN	SYDNEY, 14 JUNE 2019

Application for approval of the Asset Power Solutions Employee Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Asset Power Solutions Employee Agreement 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 Power Solutions Pty Ltd t/a Asset Power Solutions. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Fair Work Commission (FWC) received correspondence dated 11 June 2019, which included further material in support of the application together with Undertakings made by and duly signed by the General Manager, proposed to FWC pursuant to s.190 of the Act (the Undertakings). A copy of the undertakings is attached in Annexure A.

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 June 2019. The nominal expiry date of the Agreement is 30 September 2021.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Asset Power Solutions Pty Ltd, trading as Asset Power Solutions, recently sought approval from the Fair Work Commission for the Asset Power Solutions Employee Agreement 2018. The company argued that the agreement was necessary to ensure compliance with the Fair Work Act 2009 and to provide a clear framework for the employment conditions of its staff. The application was made under section 233 of the Act, which allows for the approval of an agreement that covers employees not covered by an existing modern award or agreement.

The legal issues before the Commission included whether the proposed agreement met the requirements of the Fair Work Act, including that it provided for fair and reasonable terms and conditions of employment, and whether it was genuinely bargained between the employer and the employees. The Commission also needed to determine if the agreement provided adequate protections for employees, particularly in relation to minimum wages, penalty rates, leave entitlements, and other conditions of employment.

In its decision, the Commission considered the submissions from both Asset Power Solutions and the union representing the employees. The Commission noted that the agreement included provisions that aligned with the relevant modern award and provided for fair and reasonable terms. The Commission was satisfied that the agreement had been genuinely bargained between the parties and provided adequate protections for employees. Consequently, the Commission approved the Asset Power Solutions Employee Agreement 2018. This decision ensures that the employees of Asset Power Solutions are covered by an agreement that meets the statutory requirements and provides for fair and reasonable employment conditions.

Asset Power Solutions Pty Ltd T/A Asset Power Solutions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established