DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ausco Modular Pty Ltd
(AG2017/4288)

AUSCO MODULAR PTY LTD BRISBANE ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 8 FEBRUARY 2018

Application for approval of the Ausco Modular Pty Ltd Brisbane Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Ausco Modular Pty Ltd Brisbane Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 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 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 February 2018. The nominal expiry date of the Agreement is 14 February 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved a dispute regarding the application for approval of the Ausco Modular Pty Ltd Brisbane Enterprise Agreement 2017. The applicant, Ausco Modular Pty Ltd, sought to have the enterprise agreement approved under the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval, including whether it provided for fair and reasonable terms and conditions of employment and whether it was free from provisions that were contrary to public policy.

The primary legal issues before the Commission were whether the enterprise agreement was genuinely negotiated, if it provided for fair and reasonable terms and conditions, and if it complied with the requirements of the Fair Work Act. The Commission also needed to consider if any provisions in the agreement were contrary to public policy. Additionally, the Commission examined whether the agreement adequately addressed the needs of the workforce and provided for a fair and balanced outcome for both the employer and employees.

The Fair Work Commission found that the Ausco Modular Pty Ltd Brisbane Enterprise Agreement 2017 was genuinely negotiated and provided for fair and reasonable terms and conditions of employment. The Commission was satisfied that the agreement did not contain any provisions that were contrary to public policy and that it was in the best interests of the employees. The Commission approved the application for the enterprise agreement to be registered, ensuring that it would now provide the legal framework for the terms and conditions of employment for the relevant workforce. The approval of the agreement was seen as a balanced outcome that considered the needs and rights of both the employer and employees.

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