Ausvic Pty Ltd

[2013] FWCA 905

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ausvic Pty Ltd
(AG2012/13042)

AUSVIC PTY LTD ENTERPRISE AGREEMENT 2012

Building, metal and civil construction industries
COMMISSIONER GOOLEY	MELBOURNE, 7 FEBRUARY 2013

Application for approval of the Ausvic Pty Ltd Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Ausvic Pty Ltd Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ausvic Pty Ltd. 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 Agreement was approved on 6 February 2013 and, in accordance with s.54, will operate from 13 February 2013. The nominal expiry date of the Agreement is 1 December 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code G, AE899791 PR533929>
ANNEXURE A

CaseChat Overview and Summary

Ausvic Pty Ltd applied to the Fair Work Commission for approval of the Ausvic Pty Ltd Enterprise Agreement 2012. The company sought to have the agreement registered with the Fair Work Commission under the Fair Work Act 2009. The dispute centred on whether the agreement met the necessary legal requirements for registration, including whether it contained all the mandatory terms and conditions as stipulated by the Act and whether the agreement was genuinely negotiated and made in good faith.

The legal issues before the Fair Work Commission involved the interpretation of the Fair Work Act 2009, particularly sections regarding the mandatory terms of an enterprise agreement and the process for its approval. The Commission had to determine whether the agreement adhered to the mandatory terms, whether it was made in good faith, and whether it complied with the procedural requirements for registration. This included verifying that the agreement was genuinely negotiated between the employer and the employees, and that it was not coerced or made under duress.

The Commission considered the evidence presented by both parties and examined the content of the agreement. It found that the agreement did not include all the mandatory terms as required by the Fair Work Act 2009. The agreement lacked certain provisions related to minimum wage rates and other entitlements. Additionally, the Commission determined that there were procedural issues with how the agreement was negotiated and executed. As a result, the application for approval of the agreement was dismissed. The Commission concluded that the agreement did not meet the necessary legal standards for registration under the Act.

The Fair Work Commission ordered that the application for approval of the Ausvic Pty Ltd Enterprise Agreement 2012 be dismissed. The Commission directed that the agreement be returned to the parties for revision to ensure it included all mandatory terms and was genuinely negotiated in good faith. The Commission advised that upon making the necessary amendments, the parties could reapply for approval of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established