DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Auqsap Pty Ltd T/A Sealutions Industrial Flooring
(AG2016/7725)

AUQSAP PTY LTD ENTERPRISE AGREEMENT 2016-2020

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 6 FEBRUARY 2017

Application for approval of the Auqsap Pty Ltd Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Auqsap Pty Ltd Enterprise Agreement 2016-2020 (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/As Sealutions Industrial Flooring. 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 13 February 2017. The nominal expiry date of the Agreement is 5 February 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Auqsap Pty Ltd, trading as Sealutions Industrial Flooring, which sought approval for its Enterprise Agreement 2016-2020. The matter was heard in the Fair Work Commission. The primary dispute centred around whether the agreement met the legal standards for enterprise agreements, particularly under the Fair Work Act 2009, and if it adequately protected employees' rights and interests.

The court needed to determine if the agreement complied with the statutory requirements for enterprise agreements, including whether it was genuinely negotiated, provided for the resolution of disputes, and met the good faith bargaining criterion. Additionally, the court examined if the agreement adequately balanced the interests of both employers and employees and whether it complied with relevant award provisions and the National Employment Standards.

The Fair Work Commission found that the agreement was genuinely negotiated and contained provisions for the resolution of disputes. It was concluded that the agreement met the good faith bargaining requirements and did not unjustifiably disadvantage employees. The Commission noted that the agreement provided for appropriate terms and conditions, including provisions for leave, remuneration, and dispute resolution mechanisms. Consequently, the application for approval was successful, and the agreement was approved.

The final orders confirmed the approval of the Enterprise Agreement 2016-2020, effective from the date of the Commission's decision. The agreement was to be registered with the Fair Work Commission, and all parties were directed to comply with its terms. The decision underscored the importance of fair and balanced enterprise agreements in protecting both employer and employee interests.

Auqsap Pty Ltd T/A Sealutions Industrial Flooring

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established