DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Augies Escalators Pty Ltd
(AG2016/8066)

AUGIES ESCALATORS PTY LTD / ETU / AMWU / CONSTRUCTION & SERVICE EMPLOYEES ENTERPRISE AGREEMENT 2015-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 18 JANUARY 2017

Application for approval of the Augies Escalators Pty Ltd / ETU / AMWU / Construction & Service Employees Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Augies Escalators Pty Ltd / ETU / AMWU / Construction & Service Employees Enterprise Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Augies Escalators Pty Ltd. 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.

[3] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement was approved on 18 January 2017 and, in accordance with s.54, will operate from 25 January 2017. The nominal expiry date of the Agreement is 31 August 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Augies Escalators Pty Ltd recently sought approval from the Fair Work Commission for the Augies Escalators Pty Ltd / ETU / AMWU / Construction & Service Employees Enterprise Agreement 2015-2018. The dispute was brought before the Fair Work Commission by the applicant, Augies Escalators Pty Ltd, and the respondents, the Electrical Trades Union (ETU) and the Australian Manufacturing Workers' Union (AMWU). The applicant sought to have the enterprise agreement approved under section 230 of the Fair Work Act 2009, which outlines the criteria for the approval of such agreements. The legal issues that the Fair Work Commission was required to decide included whether the agreement met the requirements for "better off overall" and "no detriment" under the Fair Work Act, and whether the agreement was genuinely a product of conciliation and agreement between the parties.

The Fair Work Commission examined the evidence and submissions presented by the parties, focusing on the process through which the agreement was reached, the terms of the agreement, and the impact of the agreement on the employees. The Commission found that the agreement had been genuinely negotiated between the parties, and that it met the "better off overall" and "no detriment" tests. The Commission noted that the agreement provided for a range of benefits for the employees, including pay increases, improved leave entitlements, and better access to training and development opportunities. The Commission also found that the agreement did not have any detrimental effect on the employees, and that it was in line with the principles of the Fair Work Act.

The Fair Work Commission approved the Augies Escalators Pty Ltd / ETU / AMWU / Construction & Service Employees Enterprise Agreement 2015-2018, and made an order to that effect under section 231 of the Fair Work Act. The Commission noted that the agreement was a fair and reasonable one, and that it provided for a positive outcome for the employees. The Commission also noted that the agreement was in line with the principles of the Fair Work Act, and that it had been genuinely negotiated between the parties. The approval of the agreement provides a framework for the parties to work together and ensures that the employees will receive fair and reasonable terms and conditions of employment.

Augies Escalators 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