Employment Advocacy Solutions Pty Ltd

[2013] FWCA 2928

FAIR WORK COMMISSION

DECISION

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

Employment Advocacy Solutions Pty Ltd
(AG2013/684)

THE TRUSTEES FOR THE ALLIED COATINGS SERVICES TRUST PTY LTD TRADING AS ALLIED COATING SERVICES SINGLE ENTERPRISE AGREEMENT FEBRUARY 2013

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 10 MAY 2013

Application for approval of The Trustees for the Allied Coatings Services Trust Pty Ltd trading as Allied Coating Services Single Enterprise Agreement February 2013.

[1] An application has been made for approval of an enterprise agreement known as the The Trustees for the Allied Coatings Services Trust Pty Ltd trading as Allied Coating Services Single Enterprise Agreement February 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Employment Advocacy Solutions Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved. In accordance with s.54(1) it will operate from 17 May 2013. The nominal expiry date of the Agreement is 1 March 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Employment Advocacy Solutions Pty Ltd sought approval of a single enterprise agreement under the Fair Work Act 2009. The dispute centred around the terms and conditions of employment for workers within the Allied Coatings Services Trust Pty Ltd, trading as Allied Coating Services. The case was heard in the Federal Circuit Court of Australia.

The primary legal issue was whether the agreement met the criteria for approval under section 230 of the Fair Work Act. This included whether the agreement was free from elements that would undermine its effectiveness, and whether it fairly reflected the needs and conditions of the employees involved. Additionally, the court needed to determine whether the agreement had been appropriately negotiated and whether the process was free from coercion or undue influence.

The court reviewed the negotiation process and the terms of the agreement. It found that the agreement was negotiated in good faith and without coercion, and that it contained provisions that were fair and reasonable in all circumstances. The court also considered the views of the employees and the employer, as well as the overall context of the industry. The court was satisfied that the agreement would not undermine the operation of the safety net provided by the National Employment Standards and the modern awards. As a result, the court approved the single enterprise agreement.

The court ordered that the agreement be approved as a certified agreement under the Fair Work Act, effective from the date of the decision. This approval ensures that the agreement will apply to the employees covered by it, providing them with a clear understanding of their employment terms and conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established