DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aus Holdco Pty Ltd t/a Aus Holdco
(AG2015/7597)

AUS HOLDCO PTY LTD-BLA ENTERPRISE AGREEMENT 2015

Storage services
COMMISSIONER GREGORY	MELBOURNE, 22 DECEMBER 2015

Application for approval of the Aus Holdco Pty Ltd-BLA Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Aus Holdco Pty Ltd-BLA Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Aus Holdco Pty Ltd t/a Aus Holdco. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 December 2015. The nominal expiry date of the Agreement is 28 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Aus Holdco Pty Ltd, trading as Aus Holdco, which applied for the approval of the Aus Holdco Pty Ltd-BLA Enterprise Agreement 2015. The application was heard in the Fair Work Commission, an Australian federal statutory tribunal responsible for workplace relations matters. The primary dispute centred around whether the agreement met the requirements for approval under the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions of employment.

The court had to determine if the enterprise agreement was genuinely negotiated and if it provided for fair and reasonable terms and conditions of employment. Additionally, it needed to assess whether the agreement complied with the procedural requirements for application and approval. The fairness and reasonableness of the agreement's terms were examined against various criteria, including whether the agreement was free from coercion and undue influence, and whether it provided for the protection of employees' interests.

In delivering the decision, the Fair Work Commission found that the Aus Holdco Pty Ltd-BLA Enterprise Agreement 2015 was genuinely negotiated and met the necessary criteria for approval. The agreement was considered fair and reasonable, taking into account the specific circumstances of the parties and the broader context of the industry. The procedural requirements for application and approval were also found to be satisfied. Therefore, the Commission approved the agreement, ensuring it would be applicable to the employees covered by the enterprise.

The final orders included the approval of the Aus Holdco Pty Ltd-BLA Enterprise Agreement 2015, which would now govern the terms and conditions of employment for the relevant employees. The agreement was to be registered with the Fair Work Commission and would come into effect from the date of approval.

Aus Holdco Pty Ltd t/a Aus Holdco

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established