Auspat Land Survey Pty Ltd Summary

[2017] FWCA 6946

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Auspat Land Survey Pty Ltd

(AG2017/3964)

Auspat Land Survey Australia Pty Ltd Enterprise Agreement 2017

Technical services
Commissioner McKinnon	MELBOURNE, 21 DECEMBER 2017

Application for approval of the Auspat Land Survey Australia Pty Ltd Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Auspat Land Survey Australia Pty Ltd 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 Auspat Land Survey Pty Ltd. The Agreement is a single enterprise agreement.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 December 2017. The nominal expiry date of the Agreement is 20 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Auspat Land Survey Pty Ltd, an employer, sought approval of a proposed enterprise agreement under the Fair Work Act 2009 (Cth) from the Fair Work Commission (FWC). The application was opposed by the Australian Services Union (ASU), an employee representative. The dispute centred on the terms and conditions of employment for Auspat’s surveyors, including pay rates, work hours, and the classification of work performed. The FWC was tasked with determining whether the proposed agreement met the requirements for approval under the Act.

The primary legal issues for the FWC to decide were whether the proposed agreement was a genuine enterprise agreement, whether it provided for the appropriate bargaining, and whether it met the "better off overall test." This test required the FWC to determine whether the employees would be better off overall with the proposed agreement compared to their existing terms and conditions. The FWC also needed to consider whether the agreement complied with the "independent test," ensuring that it was not detrimental to the employees.

In its decision, the FWC found that the proposed agreement was genuine, as it had been negotiated in good faith between the employer and the employee representative. The FWC noted that the agreement provided for the appropriate bargaining, as it covered all employees within the relevant bargaining unit. Regarding the "better off overall test," the FWC found that the proposed agreement would improve the employees' financial position by providing for increased pay rates and other benefits. The FWC concluded that the agreement met the "independent test" as it did not place the employees in a worse position than their existing terms and conditions.

The FWC approved the Auspat Land Survey Australia Pty Ltd Enterprise Agreement 2017, determining that it met the statutory requirements for approval under the Fair Work Act. The agreement provided for improved terms and conditions for the employees, and the FWC found that the employees would be better off overall with the agreement. The FWC's decision established the approved terms and conditions for the employees within the relevant bargaining unit, effective from the date of the FWC's approval.

Auspat Land Survey Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established