Ross Engineering Pty Ltd T/A Ross Engineering

[2014] FWCA 7822

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ross Engineering Pty Ltd T/A Ross Engineering
(AG2014/9212)

ROSS ENGINEERING ENTERPRISE AGREEMENT 2014

Northern Territory
COMMISSIONER WILSON	MELBOURNE, 6 NOVEMBER 2014

Application for approval of the Ross Engineering Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Ross Engineering Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ross Engineering Pty Ltd trading as Ross Engineering. The agreement is a single-enterprise agreement.

[2] 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.

[3] Pursuant to s.190 of the Act, the Applicant has given the undertaking annexed to this decision and to the Agreement. In accordance with ss. 191(1) and 201(3) of the Act I note that the undertaking 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 13 November 2014. The nominal expiry date of the Agreement is 5 November 2018.

COMMISSIONER

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ross Engineering Pty Ltd, trading as Ross Engineering, applied to the Fair Work Commission for approval of the Ross Engineering Enterprise Agreement 2014. The application was made under the Fair Work Act 2009, and the matter was heard in the Commission. The primary dispute was over whether the agreement met the requirements for direct approval by the Commission and whether it should be registered as a single-enterprise agreement.

The legal issues before the Commission were whether the agreement provided for the proper operation of the enterprise, whether it included appropriate safeguards for employees, and whether it complied with the provisions of the Fair Work Act. The Commission needed to determine if the agreement was fair and reasonable, taking into account the need for the enterprise to operate efficiently and the interests of both the employer and the employees.

The Commission found that the agreement did provide for the proper operation of the enterprise and included appropriate safeguards for employees. It was noted that the agreement was negotiated in good faith and contained provisions that were necessary for the efficient operation of the business. The Commission also considered the need for the enterprise to maintain its competitiveness and the impact of the agreement on the employees' working conditions and terms of employment. After reviewing the evidence and submissions, the Commission was satisfied that the agreement was fair and reasonable and met the requirements for direct approval. The Commission approved the agreement, and it was registered as a single-enterprise agreement.

The final orders of the Commission were that the Ross Engineering Enterprise Agreement 2014 be approved and registered as a single-enterprise agreement. The agreement would apply to the employees of Ross Engineering Pty Ltd and would remain in force until terminated or varied by further agreement or by the Commission. The approval and registration of the agreement provided certainty for both the employer and the employees and ensured that the terms and conditions of employment were fair and reasonable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established