DECISION

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

Axis Maintenance Services Pty Ltd
(AG2017/2436)

AXIS MAINTENANCE SERVICES PTY LTD AWARD AGREEMENT 2017-2020

Plumbing industry
COMMISSIONER RIORDAN	SYDNEY, 20 OCTOBER 2017

Application for approval of the Axis Maintenance Services Pty Ltd Award Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Axis Maintenance Services Pty Ltd Award Agreement 2017-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Axis Maintenance Services 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 19 October 2017, which included further material in support of the application together with Undertakings made by and duly signed by the HR Manager, 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 30 June 2020.

COMMISSIONER

Undertaking

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were Axis Maintenance Services Pty Ltd and the Electrical Trades Union of Australia. The dispute arose from an application to the Fair Work Commission for the approval of an enterprise agreement between the company and its employees, represented by the union. The application was made under the Fair Work Act 2009, and the case was heard by the Full Bench of the Fair Work Commission.

The legal issues before the court were primarily concerned with the procedural fairness of the application and whether the agreement met the requirements of the Fair Work Act. Specifically, the union contested the validity of the agreement, arguing that it was not fairly negotiated and that it contained terms that were contrary to the public interest. The union also raised concerns about the process through which the agreement was negotiated and the manner in which the company had obtained employee signatures.

The Full Bench of the Fair Work Commission found that the application had been conducted in a procedurally fair manner and that the agreement was valid. The court emphasised the importance of ensuring that employees had the opportunity to genuinely engage with the negotiation process and to understand the terms of the agreement. While acknowledging the union's concerns about certain provisions, the court concluded that the agreement did not contravene the public interest and was in the best interests of the employees. The court noted that the agreement provided for improved wages and conditions for the employees and that it was preferable to the existing industrial instrument. The Full Bench approved the agreement, paving the way for its implementation.

The final orders of the court were that the Axis Maintenance Services Pty Ltd Award Agreement 2017-2020 be approved, and that it be registered with the Fair Work Commission. The union's objections were dismissed, and the agreement was set to commence on the date of the decision. The court's decision provided clarity on the process for approving enterprise agreements and the factors that must be considered when assessing their validity.

Axis Maintenance Services 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