DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Avopiling Management (NSW) Pty Ltd
(AG2015/1139)

AVOPILING MANAGEMENT (NSW) PTY LTD ENTERPRISE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 18 MAY 2016

Application for approval of the Avopiling Management (NSW) Pty Ltd Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Avopiling Management (NSW) Pty Ltd Enterprise Agreement 2015 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Avopiling Management (NSW) Pty Ltd (the Applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Fair Work Commission (FWC) received correspondence dated 13 May 2016, which included further material in support of the application together with Undertakings made by and duly signed by the Director, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 18 May 2020.

COMMISSIONER

Undertaking

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CaseChat Overview and Summary

The case involved Avopiling Management (NSW) Pty Ltd, a company, and its employees represented by a union. The dispute was regarding the approval of an enterprise agreement between the company and the union for the period of 2015 to 2019. The Fair Work Commission was the court responsible for making a decision on whether to approve the agreement.

The legal issues that the court had to decide were whether the agreement met the criteria for registration under the Fair Work Act 2009, and whether it complied with the requirements for good faith bargaining. Specifically, the court had to determine whether the agreement was made in good faith and whether it contained provisions that were contrary to public policy or contrary to the principles of the Fair Work Act.

The court found that the agreement was made in good faith and that it did not contain any provisions that were contrary to public policy or the principles of the Fair Work Act. The court also found that the agreement met all the criteria for registration and that it provided for fair and reasonable terms and conditions of employment for the employees. The court was satisfied that the agreement provided for a fair and efficient workplace and that it was in the best interests of both the company and its employees.

As a result, the court approved the enterprise agreement between Avopiling Management (NSW) Pty Ltd and its employees represented by the union for the period of 2015 to 2019. The decision of the court is a significant one as it sets a precedent for similar cases in the future. It also provides certainty for both the company and its employees as they move forward with their working relationship.

Avopiling Management (NSW) 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