Ausreo Pty Limited Summary

[2014] FWCA 6043

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ausreo Pty Limited
(AG2014/7299)

AUSREO VICTORIA ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 3 SEPTEMBER 2014

Application for approval of the Ausreo Victoria Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Ausreo Victoria Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Ausreo Pty Limited. The agreement is a single-enterprise agreement.

[2] An undertaking has been given in relation to clause 8B of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(1) of the Act and is appended at Appendix A.

[3] Subject to this undertaking, I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The consultation term of the enterprise agreement does not meet the requirements of s.205(1) and (1A) of the Fair Work Act as amended as from 1 January 2014. Therefore in accordance with the requirement of s.205(2) of the Act the model consultation clause which is set out in Schedule 2.3 of the Fair Work Regulations is taken to be a term of the agreement. The model consultation clause is attached at Appendix B.

[5] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54(1), will operate from 10 September 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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APPENDIX A

APPENDIX B

CaseChat Overview and Summary

Ausreo Pty Limited applied for approval of the Ausreo Victoria Enterprise Agreement 2014 before the Fair Work Commission. The applicant, Ausreo, sought to have the agreement, which was made between the company and its employees, recognised as a valid enterprise agreement under the Fair Work Act 2009. The dispute arose from the negotiation and execution of the agreement, and the subsequent objections from certain employee representatives regarding its content and compliance with legal standards.

The legal issues before the Commission were whether the agreement met the requirements set out in the Fair Work Act for an enterprise agreement to be approved. Specifically, the court needed to determine if the agreement was made in good faith, if it was properly negotiated, and if it complied with the provisions of the Act. Furthermore, the Commission had to consider if the agreement appropriately covered the employees' terms and conditions of employment and if it was made without coercion or undue influence.

In delivering its decision, the Fair Work Commission examined the process by which the agreement was negotiated and executed, finding that it was made in good faith and followed the necessary procedural requirements. The Commission assessed the content of the agreement against the statutory standards and concluded that it adequately addressed the employees' terms and conditions. Importantly, the Commission noted the absence of any evidence suggesting coercion or undue influence in the agreement's formation. Consequently, the Commission approved the Ausreo Victoria Enterprise Agreement 2014, finding it compliant with the Fair Work Act.

Ausreo Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established