DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Engineering Solutions Pty Ltd T/A Austeng
(AG2018/678)

AUSTENG ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 26 JUNE 2018

Application for approval of the AUSTENG Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the AUSTENG Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Engineering Solutions Pty Ltd T/A Austeng. 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.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 July 2018. The nominal expiry date of the Agreement is 1 January 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Australian Engineering Solutions Pty Ltd, trading as Austeng, applied for approval of the AUSTENG Enterprise Agreement 2018. The applicant sought the approval of this enterprise agreement under section 230 of the Fair Work Act 2009. The dispute centred on whether the enterprise agreement met the criteria for approval under the Act, specifically in terms of its provisions concerning 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 of employment, whether it appropriately balanced the interests of both employers and employees, and whether it complied with the requirements of the Fair Work Act. Additionally, the Commission examined whether the agreement was appropriately certified by the Australian Council of Trade Unions or the Australian Council of Employers.

The Commission found that the agreement was fair and reasonable, as it balanced the interests of both parties and complied with the requirements of the Fair Work Act. The agreement provided for appropriate terms and conditions of employment, including pay rates, hours of work, leave entitlements, and dispute resolution mechanisms. The Commission noted that the agreement had been certified by the Australian Council of Trade Unions, which demonstrated a sufficient level of employee support. Consequently, the Fair Work Commission approved the AUSTENG Enterprise Agreement 2018.

Australian Engineering Solutions Pty Ltd T/A Austeng

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established