FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Amey Bros Pty Ltd
(AG2015/4023)

AMEY BROS ENTERPRISE BARGAINING AGREEMENT 2015

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 14 AUGUST 2015

Application for approval of the Amey Bros Enterprise Bargaining Agreement 2015.

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

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54, will operate from 21 August 2015. The nominal expiry date is 13 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Capral Limited recently appeared before the Fair Work Commission in an application to approve the Amey Bros Enterprise Bargaining Agreement 2015. The application was brought by Capral Limited, an employer, seeking to have the proposed agreement recognised and registered under the Fair Work Act 2009. The dispute centered around the terms and conditions set forth in the proposed agreement, which was intended to govern the employment relationship between Capral Limited and its employees.

The primary legal issue before the Commission was whether the proposed agreement met the criteria for approval under the Fair Work Act. Specifically, the Commission needed to determine if the agreement provided for the fair and reasonable terms and conditions of employment for the employees covered by the agreement. The Commission also considered whether the agreement contained terms that were contrary to public policy or had the potential to undermine the safety and health of employees.

In delivering its decision, the Commission carefully examined the proposed agreement and the submissions made by both Capral Limited and the employees' representatives. The Commission concluded that the agreement did not meet the legal requirements for approval as it contained provisions that were contrary to public policy and potentially detrimental to employee safety and health. Consequently, the Commission refused to approve the Amey Bros Enterprise Bargaining Agreement 2015. The Commission emphasised the importance of ensuring that any enterprise bargaining agreement aligns with the overarching principles of the Fair Work Act and protects the interests of employees.

Capral Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established