DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ausreo Pty Limited T/A Ausreo
(AG2017/2768)

AUSREO NSW ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 13 NOVEMBER 2017

Application for approval of the Ausreo NSW Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Ausreo NSW 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 Ausreo Pty Limited T/A Ausreo. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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 does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 13 November 2017 and, in accordance with s.54, will operate from 20 November 2017. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, Ausreo Pty Limited trading as Ausreo, sought approval of the Ausreo NSW Enterprise Agreement 2017, which was negotiated with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The applicant argued that the agreement was suitable for approval under section 187 of the Fair Work Act 2009, while the CFMEU contested the application, claiming the agreement did not meet the necessary standards. The case was heard by the Fair Work Commission.

The central legal issues before the Commission were whether the Ausreo NSW Enterprise Agreement 2017 provided for fair and reasonable terms and conditions of employment, and whether it complied with the good faith bargaining requirements. Additionally, the Commission had to assess whether the agreement was in the best interests of the employees and the employer, and if it met the statutory criteria for approval.

The Commission found that the agreement contained provisions that were fair and reasonable, and it met the statutory criteria for approval. It was noted that the agreement had been negotiated in good faith and that it provided for terms and conditions of employment that were fair and reasonable. The Commission was satisfied that the agreement was in the best interests of both the employees and the employer, and that it met the requirements of the Fair Work Act. The application was approved, and the agreement was registered.

The Fair Work Commission approved the Ausreo NSW Enterprise Agreement 2017 and registered it under section 187 of the Fair Work Act 2009. The agreement was deemed to be in the best interests of the employees and the employer, and it was found to comply with the good faith bargaining requirements and provide for fair and reasonable terms and conditions of employment.

Ausreo Pty Limited T/A Ausreo

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established