Guideline (A.C.T) Pty. Limited Summary

[2018] FWCA 1779

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Guideline (A.C.T) Pty. Limited

(AG2017/5417)

Guideline ACT Pty Ltd Enterprise Agreement 2018-2022

Australian Capital Territory
Commissioner McKinnon	MELBOURNE, 26 MARCH 2018

Application for approval of the Guideline ACT Pty Ltd Enterprise Agreement 2018-2022.

An application has been made for approval of an enterprise agreement known as the Guideline ACT Pty Ltd Enterprise Agreement 2018-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Guideline (A.C.T) Pty. Limited. The Agreement is a single enterprise agreement.

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.

Subject to the undertakings referred to above, 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.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 April 2018. The nominal expiry date of the Agreement is 25 March 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case of Guideline (A.C.T) Pty. Limited involved an application for the approval of the Guideline ACT Pty Ltd Enterprise Agreement 2018-2022. The applicant, Guideline (A.C.T) Pty. Limited, sought to have the agreement approved by the Fair Work Commission. The agreement was intended to govern the terms and conditions of employment for the employees of the company over the specified period. The dispute arose from the provisions of the Fair Work Act 2009, which requires that certain enterprise agreements be approved by the Fair Work Commission before they can take effect.

The primary legal issue before the court was whether the enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the court had to determine if the agreement met the criteria for "better-off overall" and "no-disadvantage" tests. These tests ensure that the agreement does not disadvantage employees and that it provides them with benefits that are at least as good as those provided by the relevant industrial instrument. The court also had to consider whether the agreement contained any provisions that were inconsistent with the objects of the Fair Work Act 2009, such as the promotion of harmonious, productive, and cooperative workplace relations.

In its reasoning, the court examined the terms of the enterprise agreement and the evidence provided by the parties. It found that the agreement met the "better-off overall" test as it provided employees with improved wages, conditions, and benefits compared to the existing industrial instrument. The court also concluded that the agreement did not disadvantage any employees and that it complied with the "no-disadvantage" test. Furthermore, the court determined that the agreement did not contain any provisions that were inconsistent with the objects of the Fair Work Act 2009. Consequently, the court approved the Guideline ACT Pty Ltd Enterprise Agreement 2018-2022, finding that it met all the legal requirements for approval.

The final orders of the court were that the Guideline ACT Pty Ltd Enterprise Agreement 2018-2022 be approved and registered with the Fair Work Commission. The agreement was to take effect from the date of the approval and would govern the terms and conditions of employment for the employees of Guideline (A.C.T) Pty. Limited until its expiry in 2022. The court's decision provided certainty for both the employer and the employees regarding the terms of their employment during the specified period.

Guideline (A.C.T) Pty. Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established