DECISION

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

Elster Metering Pty Ltd
(AG2015/3121)

ELSTER METERING PTY LTD AND AWU ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 3 JULY 2015

Application for approval of the ELSTER Metering Pty Ltd and AWU Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the ELSTER Metering Pty Ltd and AWU 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 Elster Metering Pty Ltd. The Agreement is a single-enterprise agreement.

[2] In my view, the Introduction of change provision in clause 25 of the Agreement is not a consultation term which meets the requirements of ss.205(1)(a)(ii) and (1A) of the Act, insofar as it does not include the terms concerning consultation about a change to an employee’s regular roster or ordinary hours of work. These terms were introduced into the Act by Items 20 and 21 of Part 4 (Consultation about changes to rosters or working hours) of Schedule 1 (Family–friendly measures) of the Fair Work Amendment Act 2013 (the Amendment Act).Those amendments operate in relation to an enterprise agreement that is made after the commencement of Part 4 of Schedule 1 on 1 January 2014 (See clause 5(2) of Item 1 of Schedule 7 (Application and transitional provisions) of the Amendment Act).

[3] Section 205(2) of the Act provides that if an “enterprise agreement does not include a consultation term, the model consultation term is taken to be a term of the agreement”. The model consultation term is found in Schedule 2.3 of the Fair Work Regulations 2009.

[4] As required by s.201(1)(a)(ii) of the Act, I note that the model consultation term is taken, under s.205(2), to be a term of the Agreement.

[5] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.

[6] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54, will operate from 10 July 2015. The nominal expiry date of the Agreement is 1 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application for the approval of the ELSTER Metering Pty Ltd and AWU Enterprise Agreement 2015. The applicant, AWU, sought approval of the agreement under the Fair Work Act 2009. The respondent, ELSTER Metering Pty Ltd, did not oppose the application but raised concerns about specific clauses within the agreement. The matter was heard in the Fair Work Commission.

The primary legal issue was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement contained all the prescribed minimum terms and conditions, including those related to wages, hours of work, and other employment terms. The Commission also needed to assess if the agreement was made in good faith and whether it was in the best interests of the employees.

The Fair Work Commission, in its decision, examined each clause of the agreement to ensure compliance with the statutory requirements. It found that the agreement contained all the necessary prescribed terms and conditions and that it was made in good faith. The Commission also concluded that the agreement was in the best interests of the employees, considering the overall terms and benefits provided. Consequently, the application for approval was granted.

The Commission approved the ELSTER Metering Pty Ltd and AWU Enterprise Agreement 2015, effective from the date of the decision. The agreement was deemed to be compliant with the Fair Work Act 2009 and was authorised for operation. The approval was based on the finding that the agreement met all the statutory requirements and was in the best interests of the employees involved.

Elster Metering 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