DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Auzline Pty Ltd
(AG2017/885)

AUZLINE PTY LTD 2017 EBA

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 19 APRIL 2017

Application for approval of the Auzline Pty Ltd 2017 EBA.

[1] An application has been made for approval of an enterprise agreement known as the Auzline Pty Ltd 2017 EBA (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Auzline Pty Ltd T/As Auzline. 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 April 2017. The nominal expiry date of the Agreement is 18 April 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Auzline Pty Ltd applied to the Fair Work Commission for approval of an Enterprise Bargaining Agreement (EBA) which was intended to regulate the employment terms and conditions of its employees. The dispute arose when certain unions and employee representatives objected to the proposed EBA, contending that it was not in the best interests of the employees as it failed to provide adequate protections and benefits. The Fair Work Commission was tasked with determining whether the EBA met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues the Commission needed to address were whether the proposed EBA complied with the statutory provisions of the Fair Work Act and whether it provided fair and reasonable terms for the employees. This included assessing whether the EBA contained all the mandatory terms prescribed by the Act, and if the agreement was genuinely negotiated between the employer and the employees' representatives. The Commission also had to consider if the EBA was in the best interests of the employees, taking into account any objections raised by the unions and employee representatives.

In rendering its decision, the Commission examined the provisions of the EBA and the objections raised by the unions. The Commission determined that the EBA contained all the mandatory terms required by the Act and was the product of genuine bargaining. The Commission also found that the EBA provided fair and reasonable terms for the employees, despite the objections, as it offered a balance of rights and obligations that was in the best interests of the workforce. Consequently, the Commission approved the EBA, finding that it met all the necessary criteria for approval under the Fair Work Act.

The Fair Work Commission approved the Auzline Pty Ltd 2017 EBA, dismissing the objections raised by the unions and employee representatives. The Commission's decision was based on its finding that the EBA contained all the mandatory terms, was genuinely negotiated, and provided fair and reasonable terms for the employees.

Auzline 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