DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Alpine Enterprises Pty Ltd
(AG2017/1786)

AUSTRALIAN ALPINE ENTERPRISES PTY LIMITED AND TRADE MAINTENANCE ENTERPRISE AGREEMENT 2017

Tourism industry
COMMISSIONER WILSON	MELBOURNE, 27 JULY 2017

Application for approval of the Australian Alpine Enterprises Pty Limited and Trade Maintenance Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Australian Alpine Enterprises Pty Limited and Trade Maintenance 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 Australian Alpine Enterprises 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 3 August 2017. The nominal expiry date of the Agreement is 21 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Australian Alpine Enterprises Pty Ltd, sought approval of the Australian Alpine Enterprises Pty Limited and Trade Maintenance Enterprise Agreement 2017. The application was heard by the Fair Work Commission, presided over by Commissioner D. The matter centred around whether the agreement complied with the relevant legislative provisions, specifically the Fair Work Act 2009.

The legal issues involved scrutiny of the agreement to ensure it met the statutory requirements for approval. The key concerns were whether the agreement allowed for genuine bargaining, was free from coercion, and was in the best interests of the employees. Additionally, the court needed to determine if the agreement contained the minimum terms and conditions as mandated by the Act. The applicant argued that the agreement was the product of genuine negotiations and was beneficial to the employees, while no objections were raised by the employees directly involved.

The Commission found that the agreement was indeed the result of genuine bargaining, as evidenced by the negotiation process outlined in the documents provided. The terms and conditions set forth in the agreement were considered fair and met the statutory minimum requirements. The Commission was satisfied that the agreement was free from any undue influence or coercion and was in the best interests of the employees. Therefore, the application for approval was successful, and the agreement was registered under the Act. The decision was made and communicated to the parties, finalising the legal proceedings.

Australian Alpine Enterprises 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