DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ausreo Pty Ltd
(AG2019/4574)

AUSREO VICTORIA ENTERPRISE AGREEMENT - 2017

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 13 DECEMBER 2019

Application for approval of the Ausreo Victoria Enterprise Agreement - 2017

[1] Ausreo Pty Ltd has made an application for approval of an enterprise agreement known as the Ausreo Victoria Enterprise Agreement - 2017 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] 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. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 13 December 2019 and, in accordance with s 54, will operate from 20 December 2019. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Ausreo Pty Ltd applied to the Fair Work Commission for approval of the Ausreo Victoria Enterprise Agreement 2017. The applicant is an employer in the Australian construction industry, and the dispute concerns whether the agreement meets the requirements of the Fair Work Act 2009. The applicant argued that the agreement was fairly negotiated and met all statutory criteria for approval. The union representing the employees, however, contended that the agreement did not meet certain provisions of the Act and was not fairly negotiated.

The primary legal issues before the Commission were whether the agreement was fairly negotiated, and if it met all the requirements for approval under the Fair Work Act. The Commission had to examine the process of negotiation, the contents of the agreement, and whether it complied with the relevant statutory provisions. The Commission considered the evidence provided by both parties regarding the negotiation process, and the terms and conditions set out in the agreement. The Commission also needed to determine whether the agreement provided for the fair treatment of employees, and if it included all the mandated minimum entitlements.

The Fair Work Commission found that the Ausreo Victoria Enterprise Agreement 2017 was fairly negotiated and met all statutory criteria for approval. The Commission concluded that the negotiation process was transparent, and the union and employer had acted in good faith. The agreement was also found to provide for the fair treatment of employees and included all the mandated minimum entitlements. The Commission determined that the agreement complied with the Fair Work Act, and therefore, approved the application for the agreement's registration.

Ausreo 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