FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Portable Camps Services Pty Ltd
(AG2015/6546)

AUSTRALIAN PORTABLE CAMPS SERVICES PTY LTD REGIONAL WORKS ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 10 NOVEMBER 2015

Application for approval of the Australian Portable Camps Services Pty Ltd Regional Works Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Australian Portable Camps Services Pty Ltd Regional Works 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 Australian Portable Camps Services 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] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 November 2015. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mondelez Australia made an application for the approval of the Australian Portable Camps Services Pty Ltd Regional Works Enterprise Agreement 2015. The applicant sought to have the agreement approved as a low paid, low paid, and low paid modern award. The application was opposed by the Australian Manufacturing Workers' Union, which submitted that the agreement should not be approved on the basis it failed to provide adequate protections for employees, particularly in relation to rostering provisions and termination of employment. The application was heard by his Honour Judge T.P. Finnane.

The primary legal issue for the Court was whether the provisions of the agreement were consistent with the requirements of the Fair Work Act 2009. Specifically, the Court had to determine if the agreement provided adequate protections for employees in relation to rostering provisions and termination of employment. The Court also had to consider the evidence of the parties and the submissions made by the applicant and the objector.

The Court found that the agreement provided adequate protections for employees in relation to rostering provisions and termination of employment. The Court noted that the agreement provided for reasonable notice of rostering changes and that employees could not be required to work excessive hours. The Court also found that the agreement provided for reasonable procedures for the termination of employment and that employees had the right to appeal termination decisions. The Court was satisfied that the agreement was consistent with the requirements of the Fair Work Act 2009 and approved the application.

The Court approved the application and the Australian Portable Camps Services Pty Ltd Regional Works Enterprise Agreement 2015 is now a low paid, low paid, and low paid modern award. The agreement will apply to employees of the applicant who are covered by the award. The agreement provides for a range of terms and conditions of employment, including wages, hours of work, leave entitlements, and termination of employment. The agreement also includes provisions for the resolution of disputes between employees and the employer.

Mondelez Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established