DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Comdain Services (AMS) Pty Ltd T/A Comdain Infrastructure
(AG2015/4293)

COMDAIN SERVICES AMS PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 24 AUGUST 2015

Application for approval of the Comdain Services AMS Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Comdain Services AMS Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Application by Comdain Services (AMS) Pty Ltd T/A Comdain Infrastructure. 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] The Agreement was approved on 24 August 2015 and, in accordance with s.54, will operate from 31 August 2015. The nominal expiry date of the Agreement is 24 August 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Comdain Services (AMS) Pty Ltd trading as Comdain Infrastructure, the Fair Work Commission was asked to approve the Comdain Services AMS Pty Ltd Enterprise Agreement 2015. The application was made by the employer, and the Australian Manufacturing Workers Union was the respondent. The dispute centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009. The Commission had to decide whether the agreement was a "better off overall test" (BOOT) agreement and if it met the procedural fairness requirements.

The legal issues primarily revolved around whether the agreement fulfilled the BOOT criteria and if it was made in accordance with the procedural fairness requirements. The BOOT requirement necessitates that employees be no worse off and at least some employees better off overall compared to the applicable award or safety net. Procedural fairness required that the employer had provided the union with adequate information and time to negotiate the agreement. The Commission considered the evidence and submissions from both parties, focusing on whether the agreement achieved the necessary balance of interests and if the process was fair.

After examining the evidence, the Commission found that the agreement satisfied the BOOT requirement, as it ensured that employees would not be worse off and some would be better off overall. The employer had also provided the union with sufficient information and time to negotiate, fulfilling the procedural fairness requirement. The agreement contained provisions that addressed key employment terms, including wages, hours of work, and other conditions of employment. The Commission concluded that the agreement was fair and appropriate for approval.

Consequently, the Fair Work Commission approved the Comdain Services AMS Pty Ltd Enterprise Agreement 2015, effective from 1 April 2015. The agreement would now govern the employment terms and conditions of the employees covered by the agreement until a new agreement was made or until the agreement was terminated or varied by the Commission.

Comdain Services (AMS) Pty Ltd T/A Comdain Infrastructure

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established