DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Utilities Management Pty Ltd
(AG2016/7692)

AUSTRALIAN UTILITIES MANAGEMENT PTY LTD ENTERPRISE AGREEMENT 2016 - 2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 31 JANUARY 2017

Application for approval of the Australian Utilities Management Pty Ltd Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Australian Utilities Management Pty Ltd Enterprise Agreement 2016 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Utilities Management 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 February 2017. The nominal expiry date of the Agreement is 31 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Australian Utilities Management Pty Ltd recently sought the Fair Work Commission's approval of an Enterprise Agreement, dated 2016 to 2019. The applicant, Australian Utilities Management, sought to have the agreement certified as a lawful and fair enterprise agreement. The dispute arose from objections to the agreement's terms, which were raised by various stakeholders, including employees and other parties with an interest in the agreement's terms.

The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009 and was a lawful and fair enterprise agreement. These issues included whether the agreement contained appropriate provisions for minimum wages and conditions, as well as whether it complied with the procedural requirements for the certification of enterprise agreements. The Commission also had to consider whether the agreement was made in good faith and whether it provided for a fair and reasonable outcome for all parties.

In assessing these issues, the Commission examined the process by which the agreement was negotiated, the content of the agreement, and the interests of all parties involved. The Commission found that the agreement was negotiated in good faith and that it contained appropriate provisions for minimum wages and conditions. The Commission also found that the agreement complied with the procedural requirements for the certification of enterprise agreements. The Commission was satisfied that the agreement provided for a fair and reasonable outcome for all parties and approved the agreement as a lawful and fair enterprise agreement.

The Fair Work Commission approved the Australian Utilities Management Pty Ltd Enterprise Agreement 2016 - 2019 as a lawful and fair enterprise agreement. The Commission found that the agreement was negotiated in good faith and that it contained appropriate provisions for minimum wages and conditions. The Commission also found that the agreement complied with the procedural requirements for the certification of enterprise agreements. The Commission was satisfied that the agreement provided for a fair and reasonable outcome for all parties. The Commission's decision provides certainty for all parties involved in the agreement and ensures that the terms of the agreement are fair and reasonable.

Australian Utilities Management 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