DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AWF Training 5 Pty Ltd
(AG2016/5963)

AWF TRAINING VICTORIA - NEW SOUTH WALES COLLECTIVE AGREEMENT 2016

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COMMISSIONER GREGORY	MELBOURNE, 9 NOVEMBER 2016

Application for approval of the AWF Training Victoria - New South Wales Collective Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the AWF Training Victoria - New South Wales 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 5 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 November 2016. The nominal expiry date of the Agreement is 15 November 2019.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant AWF Training 5 Pty Ltd sought approval for the AWF Training Victoria - New South Wales Collective Agreement 2016. The application arose from negotiations between the applicant and the trade union Australian Services Union. The union's members, who were employed by the applicant, were seeking improved conditions under the proposed agreement.

The primary legal issue before the Commission was whether the provisions of the proposed agreement were in compliance with the relevant provisions of the Fair Work Act 2009. The Commission needed to determine whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it adhered to the provisions concerning minimum rates of pay, penalty rates, leave entitlements, and other relevant matters. The Commission also had to consider whether the agreement was consistent with the principles of the National Employment Standards and other applicable awards and agreements.

The Commission examined the provisions of the proposed agreement and found that it contained terms and conditions that were fair and reasonable. The agreement provided for appropriate minimum rates of pay, penalty rates, and leave entitlements, and was consistent with the National Employment Standards and other relevant awards and agreements. The Commission also noted that the agreement had been negotiated in good faith and that it provided for a fair and effective process for the resolution of any disputes that may arise under the agreement. Accordingly, the Commission approved the application for the agreement, subject to certain minor modifications to ensure compliance with the Fair Work Act 2009.

The Commission made an order approving the AWF Training Victoria - New South Wales Collective Agreement 2016, subject to the modifications made by the Commission. The applicant and the union were directed to take all necessary steps to give effect to the approved agreement, and the agreement was registered with the Commission. The parties were also directed to provide the Commission with a copy of the signed agreement within 28 days of the date of the decision.

AWF Training 5 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