DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Auqsap Pty Ltd T/A Sealutions
(AG2020/3953)

AUQSAP PTY LTD ENTERPRISE AGREEMENT 2020 – 2024

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 12 JANUARY 2021

Application for approval of the Auqsap Pty Ltd Enterprise Agreement 2020 – 2024.

[1] An application has been made for approval of an enterprise agreement known as the Auqsap Pty Ltd Enterprise Agreement 2020 – 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Auqsap Pty Ltd T/A Sealutions. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 January 2021. The nominal expiry date of the Agreement is 11 January 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

In the recent decision of Auqsap Pty Ltd T/A Sealutions, the Fair Work Commission was tasked with considering an application for the approval of an enterprise agreement between Auqsap Pty Ltd, trading as Sealutions, and its employees. The agreement, titled the Auqsap Pty Ltd Enterprise Agreement 2020 – 2024, was submitted for endorsement and was subject to scrutiny to ensure its compliance with the relevant provisions of the Fair Work Act 2009. The dispute primarily revolved around the fairness and compliance of the proposed terms and conditions set out in the enterprise agreement, including wages, working hours, leave entitlements, and other employment-related matters.

The central legal issues the Commission needed to address involved whether the enterprise agreement met the requirements for "direct" and "indirect" approval under the Fair Work Act. Specifically, the Commission examined whether the agreement was made in good faith and whether it provided for the proper operation of the enterprise. Additionally, the Commission considered whether the agreement included all necessary terms and conditions of employment, and whether any provisions disadvantaged employees without adequate justification. The fairness of the proposed agreement and its adherence to the principles of the Fair Work Act were pivotal in the Commission's deliberations.

Upon reviewing the submissions and evidence presented by both parties, the Commission determined that the enterprise agreement was made in good faith and provided for the proper operation of the enterprise. The Commission found that the proposed terms and conditions were fair and reasonable, taking into account the economic circumstances of the parties and the broader labour market conditions. The Commission also noted that the agreement included all necessary terms and conditions of employment and did not disadvantage employees without adequate justification. Consequently, the Fair Work Commission approved the Auqsap Pty Ltd Enterprise Agreement 2020 – 2024, endorsing it as compliant with the Fair Work Act.

The Commission's decision was communicated in a written determination, which outlined the basis for its approval of the enterprise agreement. The determination emphasised the importance of the agreement in providing a fair and effective framework for the employment relationship between Auqsap Pty Ltd and its employees. The final orders included the endorsement of the enterprise agreement, effective from the date of the Commission's decision, and the requirement for both parties to adhere to the terms and conditions set out in the approved agreement.

Auqsap Pty Ltd T/A Sealutions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established