DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ausco Modular Pty Ltd
(AG2015/4187)

AUSCO MODULAR PTY LTD SEVEN HILLS ENTERPRISE AGREEMENT 2015-2018

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 20 AUGUST 2015

Application for approval of the Ausco Modular Pty Ltd Seven Hills Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Ausco Modular Pty Ltd Seven Hills Enterprise Agreement 2015 - 2018 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Ausco Modular 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 ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 27 August 2015. The nominal expiry date of the Agreement is 27 August 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Ausco Modular Pty Ltd, the applicant sought approval for the Seven Hills Enterprise Agreement 2015-2018. The application was heard by the Fair Work Commission, which was required to determine whether the agreement met the requirements of the Fair Work Act 2009. The applicant argued that the agreement was a genuine enterprise agreement, while the respondent contended that it did not meet the necessary standards.

The central legal issue before the Commission was whether the agreement was a genuine enterprise agreement within the meaning of the Act. This required consideration of the procedural and substantive requirements set out in the legislation. Procedurally, the agreement had to be made through a prescribed process involving good faith bargaining. Substantively, the agreement had to cover certain minimum terms and conditions, and not contain any terms that were less favourable than the relevant award or the general industrial safety provisions.

The Commission found that the agreement satisfied the procedural requirements, as it was the product of genuine bargaining between the parties. It also met the substantive requirements, as it contained all the mandated terms and conditions, and no terms were less favourable than the relevant award or safety provisions. The Commission approved the agreement, noting that it provided a fair and reasonable framework for employment relations between the parties. This decision was made on the basis that the agreement promoted a constructive and cooperative relationship between employers and employees, which is consistent with the objectives of the Fair Work Act.

The Fair Work Commission approved the Seven Hills Enterprise Agreement 2015-2018, finding that it met all the necessary legal requirements. The agreement was deemed to be a genuine enterprise agreement, and was therefore approved in accordance with the Fair Work Act 2009.

Ausco Modular 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