DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Training Company Limited T/A Australian Training Company
(AG2017/243)

AUSTRALIAN TRAINING COMPANY LIMITED ENTERPRISE AGREEMENT 2016

Clerical industry
COMMISSIONER ROE	MELBOURNE, 28 FEBRUARY 2017

Application for approval of the Australian Training Company Limited Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Australian Training Company Limited Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Training Company Limited T/A Australian Training Company. 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] 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.

[6] The Agreement was approved on 28 February 2017 and, in accordance with s.54, will operate from 7 March 2017. The nominal expiry date of the Agreement is 28 February 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Australian Training Company Limited, trading as Australian Training Company, was the subject of an application for the approval of the Australian Training Company Limited Enterprise Agreement 2016. The application was made to the Fair Work Commission, which is responsible for ensuring that enterprise agreements meet the legal standards required under the Fair Work Act 2009. The nature of the dispute was primarily concerned with the fairness and compliance of the proposed agreement with the statutory requirements.

The legal issues before the Commission centred on whether the proposed agreement contained provisions that were contrary to the Fair Work Act's objectives, particularly in relation to pay rates, conditions, and the process by which the agreement was negotiated. The Commission had to examine if the agreement was genuinely negotiated, if it met the "no disadvantage" test, and if it included appropriate mechanisms for dispute resolution. Furthermore, the Commission needed to determine whether the agreement complied with the procedural requirements, such as the provision of relevant information to employees.

The Fair Work Commission examined the evidence presented by both parties and assessed the provisions of the agreement in light of the statutory framework. The Commission found that the agreement met the necessary criteria for approval, including the "no disadvantage" test, and was genuinely negotiated. The Commission determined that the pay rates and conditions provided under the agreement were fair and did not place employees at a disadvantage compared to the relevant award or the general industrial awards. Additionally, the Commission was satisfied that the agreement included appropriate dispute resolution mechanisms and that the necessary procedural requirements were met. Consequently, the application for approval of the Australian Training Company Limited Enterprise Agreement 2016 was successful.

The final orders of the Commission included the approval of the Australian Training Company Limited Enterprise Agreement 2016, which will now apply to the relevant employees. The agreement will govern the employment conditions of the employees until it expires or is replaced by a new agreement. The Commission's decision ensures that the agreement complies with the requirements of the Fair Work Act and that the employees' rights and interests are protected.

Australian Training Company Limited T/A Australian Training Company

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established