DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Engineering Solutions Pty Ltd T/A Austeng
(AG2014/8181)

AUSTENG ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 8 DECEMBER 2014

Application for approval of the AUSTENG Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the AUSTENG Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Australian Engineering Solutions Pty Ltd T/A Austeng. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] Undertakings have been given in relation to several clauses of the Agreement and these undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 15 December 2014. The nominal expiry date of the Agreement is 1 January 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

In the Fair Work Commission, Australian Engineering Solutions Pty Ltd T/A Austeng applied for approval of the AUSTENG Enterprise Agreement 2014. The dispute involved the terms and conditions of employment for the company's employees, including wages, hours of work, and other workplace provisions. The primary issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act 2009, particularly whether the agreement had been made in good faith and whether it provided for the proper protection of employees' interests.

The Commission examined the process through which the agreement was negotiated, the extent of employee consultation, and the fairness of the terms proposed. It was established that the negotiations were conducted in good faith with adequate consultation between the parties. The Commission also assessed whether the agreement's terms were reasonable in the circumstances, taking into account factors such as industry standards, the bargaining power of the parties, and the overall fairness of the agreement. After reviewing the evidence and submissions, the Commission found that the agreement had been made in good faith and that it provided for the proper protection of employees' interests. Consequently, the Commission approved the AUSTENG Enterprise Agreement 2014.

The final orders of the Commission were that the AUSTENG Enterprise Agreement 2014 be approved, effective from the date of the decision. This decision ensures that the terms and conditions of employment outlined in the agreement are legally binding and enforceable, providing a framework for industrial relations within the company.

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