DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ausco Modular Pty Ltd
(AG2016/6739)

AUSCO MODULAR PTY LTD EDINBURGH NORTH ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 23 DECEMBER 2016

Application for approval of the Ausco Modular Pty Ltd Edinburgh North Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Ausco Modular Pty Ltd Edinburgh North Enterprise Agreement 2016 (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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 December 2016. The nominal expiry date of the Agreement is 30 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by Ausco Modular Pty Ltd for approval of the Ausco Modular Pty Ltd Edinburgh North Enterprise Agreement 2016. The applicant, Ausco Modular, is an employer engaged in the construction industry. The dispute centred on whether the proposed enterprise agreement met the requirements for approval under the Fair Work Act 2009. The applicant sought to have the agreement approved, while the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) contested the application on various grounds.

The legal issues that the Commission was required to decide included whether the agreement was genuinely negotiated between the parties, whether it provided for a fair and reasonable terms and conditions of employment, and whether the agreement contained appropriate provisions for minimum rates of pay, penalty rates, and shift differentials. Additionally, the Commission needed to determine if the agreement was consistent with the Fair Work (Registered Organisations) Act 2009 and whether it provided for adequate provisions for employee participation and consultation.

The Commission found that the agreement was genuinely negotiated between the parties and contained provisions that were fair and reasonable for the employees. The Commission noted that the agreement included appropriate minimum rates of pay, penalty rates, and shift differentials, and was consistent with the Fair Work (Registered Organisations) Act 2009. The Commission also found that the agreement provided for adequate provisions for employee participation and consultation. As a result, the Commission approved the Ausco Modular Pty Ltd Edinburgh North Enterprise Agreement 2016, subject to certain conditions and modifications.

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