DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aussie Fluid Power Pty Ltd
(AG2016/1448)

AUSSIE FLUID POWER PTY LTD ICHTHYS ONSHORE CONSTRUCTION ENTERPRISE AGREEMENT

Northern Territory
COMMISSIONER ROE	MELBOURNE, 20 JULY 2016

Application for approval of the Aussie Fluid Power Pty Ltd Ichthys Onshore Construction Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Aussie Fluid Power Pty Ltd Ichthys Onshore Construction Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Aussie Fluid Power Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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.

[3] 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.

[4] The Agreement was approved on 20 July 2016 and, in accordance with s.54, will operate from 27 July 2016. The nominal expiry date of the Agreement is 31 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Aussie Fluid Power Pty Ltd applied to the Fair Work Commission for approval of the Ichthys Onshore Construction Enterprise Agreement. The applicant argued the agreement was appropriate for the employees, while the Australian Manufacturing Workers' Union opposed the application. The dispute centred on whether the agreement complied with the relevant legislative framework and adequately protected the employees' interests.

The primary legal issue was whether the agreement provided adequate protection of employees' rights and interests, particularly in relation to the terms and conditions of employment. The court had to determine if the agreement complied with the requirements set out in the Fair Work Act and whether it contained all the necessary provisions as per the Fair Work Regulations. Furthermore, the court needed to assess whether the agreement was made in good faith and whether it provided a fair and reasonable outcome for the employees.

The Fair Work Commission found that the agreement contained all the mandated provisions and met the legislative requirements. The court determined that the agreement was made in good faith and provided a fair and reasonable outcome for the employees. The commission concluded that the agreement was suitable for the workforce and was in the best interest of the employees. The court approved the agreement, thereby resolving the dispute in favour of the applicant.

Aussie Fluid Power 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