DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AWF Training 3 Pty Ltd
(AG2016/1557)

AWF TRAINING QUEENSLAND COLLECTIVE AGREEMENT 2016

Storage services
COMMISSIONER GREGORY	MELBOURNE, 1 AUGUST 2016

Application for approval of the AWF Training Queensland Collective Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the AWF Training Queensland Collective Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by AWF Training 3 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 August 2016. The nominal expiry date of the Agreement is 31 July 2019.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved AWF Training 3 Pty Ltd and the Australian Services Union. The dispute centred on the approval of the AWF Training Queensland Collective Agreement 2016. This agreement, if approved, would govern the terms and conditions of employment for certain workers employed by AWF Training 3 Pty Ltd in Queensland. The Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement contained all the mandatory terms prescribed by the Fair Work Act, whether the agreement had been made in good faith and whether it was fair and reasonable. Additionally, the Commission had to assess whether the agreement complied with the procedural requirements for approval, including whether there was sufficient employee and employer consultation. The Commission also considered whether the agreement adequately protected employees' rights and interests, particularly in relation to the terms of employment, remuneration, and conditions.

In its decision, the Commission found that the agreement substantially complied with the mandatory terms of the Fair Work Act. The Commission noted that while there were minor technical issues with some of the clauses, these did not materially affect the fairness or reasonableness of the agreement. The Commission was satisfied that the agreement had been made in good faith and that there had been adequate consultation between the parties. The Commission concluded that the agreement was fair and reasonable and that it appropriately protected the rights and interests of the employees. Consequently, the Commission approved the AWF Training Queensland Collective Agreement 2016.

The Fair Work Commission approved the AWF Training Queensland Collective Agreement 2016, finding it to be fair and reasonable and made in good faith. The Commission highlighted that while there were minor technical issues, these did not undermine the overall fairness of the agreement. The decision underscores the importance of ensuring that collective agreements meet the legal standards set out in the Fair Work Act, while also providing a framework for fair and reasonable terms of employment.

AWF Training 3 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