DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Barwon Asset Solutions Pty Ltd T/A Barwon Asset Solutions
(AG2018/6305)

BARWON ASSET SOLUTIONS ENTERPRISE AGREEMENT 2018

Water, sewerage and drainage services
COMMISSIONER BISSETT	MELBOURNE, 8 MARCH 2019

Application for approval of the Barwon Asset Solutions Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Barwon Asset Solutions Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Barwon Asset Solutions Pty Ltd T/A Barwon Asset Solutions. The Agreement is a single enterprise agreement.

[2] The Employer 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] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, 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.

[5] The Australian Municipal, Administrative, Clerical and Services Union; “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 March 2019. The nominal expiry date of the Agreement is 15 January 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Barwon Asset Solutions Pty Ltd, trading as Barwon Asset Solutions, applied to the Fair Work Commission for approval of the Barwon Asset Solutions Enterprise Agreement 2018. The application was made in response to the company's request for approval under section 232 of the Fair Work Act 2009. The dispute involved the terms and conditions of employment for the company's employees as outlined in the proposed enterprise agreement. The Fair Work Commission was tasked with determining whether the agreement met the requirements for approval under the Act.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the statutory requirements for approval. Specifically, the Commission had to consider whether the agreement had been negotiated in good faith and whether it contained the necessary minimum terms and conditions as stipulated by the Fair Work Act 2009. The company argued that the agreement was fairly negotiated and contained appropriate terms, while no objections were raised by the employees. The Commission needed to assess the evidence and arguments presented to determine the validity of the application.

In its decision, the Fair Work Commission found that the Barwon Asset Solutions Enterprise Agreement 2018 had been negotiated in good faith and contained all the necessary minimum terms and conditions. The Commission was satisfied that the agreement was fair and reasonable, and it met the requirements for approval under the Fair Work Act 2009. Consequently, the Commission approved the application and the agreement was registered on the date of the decision. The company and its employees are now bound by the terms of the approved enterprise agreement.

Barwon Asset Solutions Pty Ltd T/A Barwon Asset Solutions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established