DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ATIVO Services Pty Ltd
(AG2016/3205)

ATIVO SERVICES PTY LTD ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 15 JULY 2016

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

[1] An application has been made for approval of an enterprise agreement known as the ATIVO Services Pty Ltd 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 Services Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

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

[4] On 1 June 2016 an undertaking was provided which is annexed to this decision and marked “Annexure A”.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 July 2016. The nominal expiry date of the Agreement is 15 July 2020.

SENIOR DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, ATIVO Services Pty Ltd, sought approval of the ATIVO Services Pty Ltd Enterprise Agreement 2016. The dispute centred around the terms and conditions of employment outlined in the agreement, including pay rates, penalty rates, and other working conditions. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission involved assessing whether the agreement provided for terms and conditions that were no less favourable than the applicable award or safety net award, and whether it contained all the mandatory terms prescribed by the Act. The Commission also considered whether the agreement was made in good faith and whether it met the requirements for employee and employer coverage. The applicant argued that the agreement was fair and reasonable and met all statutory requirements. The Commission examined the provisions of the agreement against the relevant legal standards and the evidence presented by both parties.

After reviewing the evidence and the provisions of the agreement, the Commission determined that the ATIVO Services Pty Ltd Enterprise Agreement 2016 met the necessary criteria for approval. The agreement provided for terms and conditions that were no less favourable than the applicable safety net award, and it contained all the mandatory terms prescribed by the Act. The Commission found that the agreement was made in good faith and met the requirements for employee and employer coverage. Therefore, the application for approval of the agreement was granted.

The Commission approved the ATIVO Services Pty Ltd Enterprise Agreement 2016, effective from the date of the decision. The agreement now serves as the governing document for the terms and conditions of employment for the employees covered by the agreement. The approval ensures that the employees will receive the benefits outlined in the agreement, while the employer benefits from the certainty and predictability of the agreed-upon terms.

ATIVO Services 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