DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Portable Camps Services Pty Ltd
(AG2015/6546)

AUSTRALIAN PORTABLE CAMPS SERVICES PTY LTD REGIONAL WORKS ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 10 NOVEMBER 2015

Application for approval of the Australian Portable Camps Services Pty Ltd Regional Works Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Australian Portable Camps Services Pty Ltd Regional Works Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Portable Camps Services 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 November 2015. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Australian Portable Camps Services Pty Ltd was the subject of an application for approval of the Australian Portable Camps Services Pty Ltd Regional Works Enterprise Agreement 2015. The application was made to the Fair Work Commission by the company, and the Australian Council of Trade Unions was the other party to the proceeding. The nature of the dispute centred around the terms of the proposed enterprise agreement, specifically whether it met the necessary requirements under the Fair Work Act 2009 to be approved and registered.

The primary legal issues that the Commission had to address were whether the agreement had been made in accordance with the procedural requirements of the Act, and whether the agreement contained the minimum terms and conditions as stipulated by the Act. These issues included the process of bargaining, the manner in which the agreement was finalised, and the content of the agreement itself, particularly whether it provided for fair and reasonable terms and conditions for the employees covered by the agreement.

The Commission, after considering submissions from both parties and the relevant provisions of the Act, determined that the agreement had been made in accordance with the necessary procedural requirements. It found that the agreement had been fairly and genuinely negotiated and that the process adhered to the Act. The Commission also examined the substantive content of the agreement, concluding that it provided for fair and reasonable terms and conditions for the employees. Based on these findings, the Commission approved the application and registered the enterprise agreement under the Act.

In summary, the Commission approved the application for the registration of the enterprise agreement, recognising that the agreement was made in compliance with the procedural requirements of the Fair Work Act 2009 and contained fair and reasonable terms and conditions for the employees.

Australian Portable Camps Services 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