Ausreo Pty Ltd T/A Ausreo

[2024] FWCA 4171

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ausreo Pty Ltd T/A Ausreo

(AG2024/4281)

AUSREO NSW ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER P RYAN	SYDNEY, 27 NOVEMBER 2024

Application for approval of the Ausreo NSW Enterprise Agreement 2024

Ausreo Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the Ausreo NSW Enterprise Agreement 2024 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

The Employer 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.

Sections 186, 187, 188 and 190

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the FW Act as are relevant to this application for approval have been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the responses to issues identified, and the Statement of Principles.[1]

Section 183 Bargaining Representative

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 FW Act that it wants the Agreement to cover it.

In accordance with s.201(2), I note that the Agreement covers the
AMWU.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 4 December 2024. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

Annexure A

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Ausreo Pty Ltd trading as Ausreo, sought approval for the Ausreo NSW Enterprise Agreement 2024. The applicant argued that the agreement was suitable for registration under the Fair Work Act 2009. The dispute centred on whether the agreement met the criteria for approval, specifically concerning the provisions related to employee entitlements, working conditions, and dispute resolution mechanisms.

The legal issues before the Commission included whether the agreement provided for fair and reasonable terms and conditions for employees, and whether it adequately balanced the interests of both the employer and the employees. The Commission needed to determine if the agreement complied with the relevant provisions of the Fair Work Act and if it met the criteria for approval as a single interest enterprise agreement.

The Commission found that the Ausreo NSW Enterprise Agreement 2024 met the necessary criteria for approval. The agreement provided for fair and reasonable terms and conditions for employees, ensuring adequate protection and flexibility for both parties. The Commission concluded that the agreement appropriately balanced the interests of the employer and the employees and complied with the Fair Work Act. Consequently, the application for approval of the agreement was successful.

The final orders of the Commission included the approval of the Ausreo NSW Enterprise Agreement 2024 for registration under the Fair Work Act. The agreement was to be registered and would commence on the date specified in the agreement. The Commission also noted that any disputes arising under the agreement would be subject to the dispute resolution processes outlined within it.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established