Auscub Service Pty Ltd

[2013] FWCA 3315

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Auscub Service Pty Ltd
(AG2013/437)

AUSCUB SERVICE PTY LTD ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 28 MAY 2013

Application for approval of the Auscub Service Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Auscub Service Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise 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] I had some concerns regarding clause 9 in the Agreement. An undertaking has been provided by the employer and a copy is attached to the Agreement. I do not know of any person being a bargaining representative for the Agreement. The bargaining representative for the agreement has indicated his support for the undertaking.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved Auscub Service Pty Ltd and the Fair Work Commission, which was tasked with approving the Auscub Service Pty Ltd Enterprise Agreement 2013. The applicant, Auscub Service Pty Ltd, sought the Commission's approval of the agreement, which outlined terms and conditions of employment for its employees. The legal issues at hand centred on whether the agreement complied with the Fair Work Act 2009 and if it met the criteria for being a "better off overall test" (BOOT) agreement. Specifically, the Commission had to assess whether the agreement provided employees with a minimum rate of pay and conditions that were at least equivalent to those stipulated in the relevant award or registered agreement, and whether it offered some employees a better overall package compared to their previous conditions.

The Commission evaluated the application, considering the provisions of the agreement and relevant legal frameworks. It found that the agreement provided employees with a minimum rate of pay that was not less favourable than the applicable award or registered agreement. Additionally, the agreement contained provisions that offered some employees a better overall package than their previous conditions, thereby satisfying the BOOT requirement. The Commission concluded that the agreement complied with the statutory requirements and approved it under section 181 of the Fair Work Act 2009.

Consequently, the Fair Work Commission approved the Auscub Service Pty Ltd Enterprise Agreement 2013, finding that it met the necessary legal standards. The approval was granted on the basis that the agreement provided adequate protections and benefits to employees while also offering some a superior overall package. The decision underscores the importance of ensuring that enterprise agreements adhere to the statutory requirements and provide fair outcomes for employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established