ATIVO Pty Ltd Summary

[2016] FWCA 1840

DECISION

Fair Work Act 2009
s.185—Enterprise agreement
ATIVO Pty Ltd T/A ATIVO Maintenance and Project Services
(AG2016/460)
ATIVO PTY LTD AAWA ENTERPRISE AGREEMENT 2016
Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 23 MARCH 2016

Application for approval of the ATIVO Pty Ltd AAWA Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the

ATIVO Pty Ltd AAWA 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 ATIVO Pty

Ltd T/A ATIVO Maintenance and Project Services. The Agreement is a single enterprise

agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to

this application for approval have been met. The Agreement does not cover all of the

employees of the employer, however, taking into account the factors in Section 186(3) and

(3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 23 March 2016 and, in accordance with s.54, will

operate from 30 March 2016. The nominal expiry date of the Agreement is 23 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

ATIVO Pty Ltd made an application for the approval of an enterprise agreement under section 185 of the Fair Work Act 2009. The agreement in question, the ATIVO Pty Ltd AAWA Enterprise Agreement 2016, was submitted for approval by the company trading as ATIVO Maintenance and Project Services. The agreement is a single enterprise agreement covering a specific group of employees, although not all of the employer’s employees. The agreement was submitted for approval on the basis that it met the requirements of sections 186, 187, and 188 of the Act.

The court was required to determine whether the agreement met the statutory criteria for approval, including whether the group of employees covered by the agreement was fairly chosen. The Commissioner found that the agreement satisfied the relevant provisions of the Act, including the specific factors outlined in sections 186(3) and (3A) of the Act. The court was also required to consider the procedural fairness in the negotiation and drafting of the agreement, as well as the substantive fairness of its terms.

The Commissioner determined that the application for approval was valid and that the agreement met the necessary statutory criteria. The agreement was approved on 23 March 2016, and in accordance with section 54 of the Act, it will operate from 30 March 2016. The nominal expiry date of the agreement is 23 March 2020. The Commissioner’s decision was made on the basis that the agreement was appropriately negotiated and drafted, and that the group of employees covered by the agreement was fairly chosen. The agreement was thus approved in its entirety, and the court did not make any orders altering the terms of the agreement.

ATIVO Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established