DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Avid Resources (WA) Pty Ltd T/A Avid Resources (WA) Pty Ltd
(AG2019/4165)

AVID RESOURCES POWER STATIONS NSW ENTERPRISE AGREEMENT 2019

Electrical contracting industry
COMMISSIONER CIRKOVIC	MELBOURNE, 8 NOVEMBER 2019

Application for approval of the AVID Resources Power Stations NSW Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the AVID Resources Power Stations NSW Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Avid Resources (WA) Pty Ltd T/A Avid Resources (WA) 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 8 November 2019 and, in accordance with s.54, will operate from 15 November 2019. The nominal expiry date of the Agreement is 7 November 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Avid Resources (WA) Pty Ltd, trading as Avid Resources, for the approval of the AVID Resources Power Stations NSW Enterprise Agreement 2019. The application was brought pursuant to the Fair Work Act 2009, specifically seeking certification of the agreement as a single-employer enterprise agreement. The dispute centred around whether the agreement met the statutory requirements for coverage and approval, given its potential impact on the employees' working conditions and entitlements.

The primary legal issue the court had to address was whether the enterprise agreement complied with the statutory prerequisites for coverage and approval under the Fair Work Act 2009. This included ensuring that the agreement was genuinely a "single-employer" agreement, met the "better off overall test", and adhered to the procedural requirements for application and approval. The court also had to determine if the agreement appropriately balanced the interests of both the employer and the employees.

The Fair Work Commission, in its decision, thoroughly examined the provisions of the agreement and the evidence presented by both parties. It concluded that the agreement was indeed a genuine single-employer agreement and met the "better off overall test", as it provided a net benefit to the employees. The Commission found that the procedural requirements for application and approval had been correctly followed, and there was no evidence of coercion or undue influence affecting the employees' decision to support the agreement. Consequently, the court certified the AVID Resources Power Stations NSW Enterprise Agreement 2019 as a valid and approved enterprise agreement.

The final orders of the court were that the AVID Resources Power Stations NSW Enterprise Agreement 2019 be approved and certified as a single-employer enterprise agreement, effective from the date of the decision. This certification enabled the agreement to provide a stable and legally binding framework for the employment conditions of the employees under Avid Resources (WA) Pty Ltd.

Avid Resources (WA) Pty Ltd T/A Avid Resources (WA) 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