DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Astina Holdings Pty Ltd
(AG2016/5537)

THE ASTINA HOLDINGS ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 21 NOVEMBER 2016

Application for approval of The Astina Holdings Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as The Astina Holdings Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Astina Holdings Pty Ltd. The Agreement is a single enterprise agreement.

[1] 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.

[2] 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.

[3] Pursuant to s.205(2) of the Act and as provided in Part 10(1) of the Agreement, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Pursuant to s.202(4) of the Act and as provided in Part 9(1) of the Agreement, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 21 November 2016 and, in accordance with s.54, will operate from 28 November 2016. The nominal expiry date of the Agreement is 20 November 2020.

COMMISSIONER

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ANNEXURE A

CaseChat Overview and Summary

Astina Holdings Pty Ltd sought approval of The Astina Holdings Enterprise Agreement 2016, which was submitted to the Fair Work Commission. The dispute involved the company’s employees and the terms of employment as outlined in the agreement. The Fair Work Commission was tasked with determining whether the agreement complied with the relevant legislative requirements and if it was fair and reasonable for the employees.

The primary legal issue before the Commission was whether the proposed agreement met the criteria set out in the Fair Work Act 2009. This included assessing if the agreement was free from prohibited content, had been genuinely negotiated, and was procedurally sound. Additionally, the Commission had to consider whether the agreement was fair and reasonable, taking into account the overall balance of benefits and detriments for the employees. The company argued that the agreement was fairly negotiated and beneficial to the employees, while the opposing party contended that certain provisions were unfair and had not been properly negotiated.

The Commission examined the evidence and submissions from both parties to determine if the agreement met the necessary criteria. It found that the agreement was free from prohibited content and had been genuinely negotiated, as evidenced by the submissions and documentary evidence provided. The Commission also concluded that the agreement was fair and reasonable, as it provided a balanced set of benefits and detriments for the employees. Based on these findings, the Commission approved the Astina Holdings Enterprise Agreement 2016.

The final orders of the Commission included the approval of The Astina Holdings Enterprise Agreement 2016, effective from the date of the decision. The agreement was to apply to the employees covered by the agreement, and any disputes arising from its interpretation or application were to be referred to the Fair Work Commission for resolution.

Astina Holdings 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