Auspat Land Survey Australia Pty Ltd T/A Auspat Land Survey Australia Unit Trust Summary

[2013] FWCA 3997

FAIR WORK COMMISSION

DECISION

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

Auspat Land Survey Australia Pty Ltd T/A Auspat Land Survey Australia Unit Trust
(AG2013/6946)

AUSPAT LAND SURVEY AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2012

Technical services
COMMISSIONER ROE	MELBOURNE, 20 JUNE 2013

Application for approval of the Auspat Land Survey Australia Pty Ltd Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Auspat Land Survey Australia Pty Ltd Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Auspat Land Survey Australia Pty Ltd T/A Auspat Land Survey Australia Unit Trust(the Applicant). The agreement is a single-enterprise agreement.

[2] As the agreement does not contain a consultation term which meets the requirements of the Act, pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is deemed to be a term of the agreement

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 June 2013. The nominal expiry date of the Agreement is 20 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Auspat Land Survey Australia Pty Ltd trading as Auspat Land Survey Australia Unit Trust, applied to the Fair Work Commission for approval of the Auspat Land Survey Australia Pty Ltd Enterprise Agreement 2012. The application was made under section 231 of the Fair Work Act 2009, seeking the agreement to be registered as a certified agreement. The applicant argued that the agreement met the criteria for approval, including that it provided for modern, fair and adaptable workplace arrangements and that it was free from coercive conduct.

The legal issues before the Fair Work Commission included whether the agreement met the requirements for approval under section 232 of the Fair Work Act 2009, and whether the agreement was free from any invalid or unenforceable terms. The Commission considered whether the agreement provided for a modern, fair and adaptable workplace, whether it provided for the parties' rights and obligations, and whether it was free from any coercive conduct. The Commission also considered whether any of the terms in the agreement were invalid or unenforceable.

The Fair Work Commission found that the agreement met the requirements for approval under section 232 of the Fair Work Act 2009. The Commission was satisfied that the agreement provided for a modern, fair and adaptable workplace, and that it provided for the parties' rights and obligations. The Commission found that the agreement was free from any coercive conduct, and that it was in the best interests of the employees. The Commission also found that all of the terms in the agreement were valid and enforceable.

The Fair Work Commission approved the Auspat Land Survey Australia Pty Ltd Enterprise Agreement 2012 as a certified agreement. The agreement will now be registered on the Register of Certified Agreements, and will apply to all employees of the applicant who are party to the agreement. The agreement will remain in force until it is terminated or replaced by a new agreement.

Auspat Land Survey Australia Pty Ltd T/A Auspat Land Survey Australia Unit Trust

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established