Ausco Modular Pty Ltd

[2014] FWCA 4321

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Ausco Modular Pty Ltd
(AG2014/1446)

AUSCO MODULAR PTY LTD WACOL ENTERPRISE AGREEMENT 2014-2017

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 17 JULY 2014

Application for approval of the Ausco Modular Pty Ltd Wacol Enterprise Agreement 2014 - 2017.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 16 June 2014 by Ausco Modular Pty Ltd for the approval of a single-enterprise agreement known as the Ausco Modular Pty Ltd Wacol Enterprise Agreement 2014 - 2017(“the Agreement”).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Ausco Modular Pty Ltd, the application was brought before the Fair Work Commission for approval of the Ausco Modular Pty Ltd Wacol Enterprise Agreement 2014-2017. The dispute arose between the applicant, Ausco Modular Pty Ltd, and the respondents, comprising various unions representing the employees of Ausco. The primary issue was whether the agreement complied with the relevant statutory requirements and if it met the criteria for being deemed as a "single-enterprise agreement" under the Fair Work Act 2009.

The court had to determine if the agreement sufficiently identified the enterprise it covered, if it contained the necessary minimum terms and conditions, and whether it was made in good faith and not for the purpose of avoiding compliance with the Act. Additionally, the court needed to examine whether the agreement provided for a proper process for resolving disputes and if it had been appropriately negotiated. The court also had to consider if the agreement satisfied the "better off overall test" by comparing the terms of the agreement to the applicable award or registered agreement.

The Fair Work Commission concluded that the Ausco Modular Pty Ltd Wacol Enterprise Agreement 2014-2017 was compliant with the statutory requirements. The Commission found that the agreement was a single-enterprise agreement that identified the relevant enterprise, contained the necessary minimum terms, and was negotiated in good faith. The Commission also determined that the agreement provided an adequate process for resolving disputes and satisfied the better off overall test. Consequently, the Commission approved the application and authorised the agreement to be registered with the Fair Work Commission. The final orders included the registration of the Ausco Modular Pty Ltd Wacol Enterprise Agreement 2014-2017, effective from the date of the Commission's decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established