DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Automated Innovation Pty Ltd
(AG2017/5039)

AUTOMATED INNOVATION PTY LIMITED SINGLE ENTERPRISE AGREEMENT 2017

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 19 MARCH 2018

Application for approval of the Automated Innovation Pty Ltd Single Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Automated Innovation Pty Ltd Single Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Automated Innovation 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 is approved and, in accordance with s.54 of the Act, will operate from 26 March 2018. The nominal expiry date of the Agreement is 25 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Automated Innovation Pty Ltd applied for approval of its Single Enterprise Agreement 2017. The applicant, a company, sought the Fair Work Commission's approval of the agreement as a single enterprise agreement under the Fair Work Act 2009. The respondent, an unincorporated association of employees, argued that the agreement did not meet the criteria for approval as it failed to provide for a minimum rate of pay above the relevant award rate, and had inadequate provisions for employee entitlements and protections.

The central legal issue was whether the agreement met the statutory requirements for approval. This involved determining if the agreement provided for minimum terms and conditions, including rates of pay and other entitlements, and whether these terms were no less favourable than the relevant award or registered agreement. The court had to consider whether the agreement satisfied the statutory criteria for approval under section 174 of the Fair Work Act 2009.

The Fair Work Commission found that the agreement provided for minimum terms and conditions that were no less favourable than the relevant award. The Commission considered the evidence presented on the terms and conditions of employment, the bargaining process, and the fairness of the agreement. It held that the agreement met the statutory requirements for approval, including the provision of minimum rates of pay and adequate employee entitlements and protections. The Commission approved the agreement, finding that it provided for fair and reasonable terms and conditions of employment.

The Fair Work Commission approved the Automated Innovation Pty Ltd Single Enterprise Agreement 2017, confirming its compliance with the statutory requirements under the Fair Work Act 2009. The Commission's decision was based on its assessment of the agreement's provisions for minimum terms and conditions, including rates of pay and other entitlements, and its conclusion that the agreement was fair and reasonable. The Commission's approval of the agreement will now apply to the employees covered by the agreement, establishing their terms and conditions of employment.

Automated Innovation 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