DECISION

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

Ausperl Pty Ltd
(AG2017/2246)

AUSPERL PTY LTD ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 13 JULY 2017

Application for approval of the Ausperl Pty Ltd Enterprise Agreement 2017.

[1] On 15 June 2017 Ausperl Pty Ltd (Applicant) made an application for approval of the Ausperl Pty Ltd Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 20 July 2017. The nominal expiry date of the Agreement is 30 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the case of Ausperl Pty Ltd, the Fair Work Commission (FWC) was asked to approve the Ausperl Pty Ltd Enterprise Agreement 2017. The applicant, Ausperl Pty Ltd, sought approval for the enterprise agreement, which was negotiated between the company and the Retail and Fast Food Workers Union. The dispute arose from the negotiation process and the contents of the agreement, which the union argued did not meet the requirements of the Fair Work Act 2009.

The legal issues before the FWC centred around whether the agreement had been fairly negotiated and whether it contained terms that met the statutory requirements for an enterprise agreement. The FWC had to consider whether the agreement was made in good faith, whether it covered all employees within the relevant bargaining unit, and whether it contained the prescribed minimum terms and conditions of employment. Additionally, the FWC examined whether the agreement provided for an effective dispute resolution process.

The FWC found that the agreement had been fairly negotiated and contained all the required terms and conditions as stipulated in the Fair Work Act. The FWC determined that the applicant had acted in good faith and that the agreement was made without any undue influence or coercion. The FWC also noted that the agreement provided for an effective dispute resolution process that complied with the legislative requirements. Having satisfied itself on these points, the FWC approved the Ausperl Pty Ltd Enterprise Agreement 2017.

The FWC's decision was based on a thorough examination of the negotiation process and the contents of the agreement. The FWC found that the agreement was comprehensive and met all the statutory requirements for an enterprise agreement. The FWC also found that the agreement provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement. The FWC's approval of the agreement ensures that the parties can now proceed with the implementation of the agreement and the resolution of any future disputes under its terms.

Ausperl 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