DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ATAK Group Services T/A ATAK Fire
(AG2018/5832)

ATAK GROUP ENTERPRISE AGREEMENT 2018-2022.

Plumbing industry
COMMISSIONER WILSON	MELBOURNE, 26 MARCH 2019

Application for approval of the ATAK Group Enterprise Agreement 2018-2022.

[1] An application has been made for approval of an enterprise agreement known as the ATAK Group Enterprise Agreement 2018-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ATAK Group Services T/A ATAK Fire. The Agreement is a single enterprise agreement.

[2] The Employer 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 April 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by ATAK Group Services trading as ATAK Fire for the approval of the ATAK Group Enterprise Agreement 2018-2022. The dispute centred on the terms and conditions of employment for the workers under the proposed agreement. The Commission was tasked with determining whether the agreement met the requirements for approval under the Fair Work Act 2009.

The legal issues that the Commission had to address included whether the agreement had been made genuinely and freely without any form of coercion, whether it complied with the minimum entitlements prescribed by the Act, and whether it was in the best interests of the employees. Additionally, the Commission had to consider if the agreement provided for a fair and efficient workplace and whether it allowed for adequate employee representation and consultation.

In delivering its decision, the Commission found that the ATAK Group Enterprise Agreement 2018-2022 had been made genuinely and freely without any form of coercion. It was also determined that the agreement complied with the minimum entitlements under the Fair Work Act. Furthermore, the Commission was satisfied that the agreement was in the best interests of the employees, as it provided for a fair and efficient workplace, along with adequate employee representation and consultation. Consequently, the Commission approved the agreement under the Fair Work Act.

The final orders of the Commission included the approval of the ATAK Group Enterprise Agreement 2018-2022, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the relevant employees for the duration of the agreement.

ATAK Group Services T/A ATAK Fire

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established