5b Industries Pty Ltd T/A 5b Industries Pty Ltd Summary

[2023] FWCA 790

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

5b Industries Pty Ltd T/A 5b Industries Pty Ltd

(AG2023/389)

5B Adelaide Factory Enterprise Agreement 2022

Manufacturing and associated industries
COMMISSIONER PLATT	ADELAIDE, 14 MARCH 2023

Application for approval of the 5B Adelaide Factory Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the 5B Adelaide Factory Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by 5b Industries Pty Ltd T/A 5b Industries Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 27 February 2023.

On 7 March 2023, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters.

The ““Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)”, 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) of the Act I note that the Agreement covers this organisation.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 6 February 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were 5b Industries Pty Ltd, trading as 5b Industries, and the Fair Work Commission. The dispute centred around the approval of the 5B Adelaide Factory Enterprise Agreement 2022. The matter was brought before the Fair Work Commission, which is responsible for overseeing and approving enterprise agreements in Australia. The legal issues before the court were primarily concerned with whether the agreement met the necessary criteria for approval under the Fair Work Act 2009, particularly focusing on the procedural fairness and the protection of employee rights.

The court needed to determine if the agreement was made in accordance with the relevant provisions of the Fair Work Act, including whether it was made freely and fairly without any duress or coercion. Additionally, the court had to consider if the agreement provided for fair terms and conditions of employment, including minimum wages, leave entitlements, and other benefits. The court also examined whether the agreement complied with the procedural requirements, such as the provision of relevant information to employees and the facilitation of employee participation in the bargaining process.

After reviewing the submissions and evidence presented by both parties, the Fair Work Commission found that the 5B Adelaide Factory Enterprise Agreement 2022 met the necessary criteria for approval. The court was satisfied that the agreement was made freely and fairly, without any procedural defects. Furthermore, the agreement provided for fair terms and conditions of employment, ensuring that employees' rights were adequately protected. As a result, the court approved the agreement, recognising its compliance with the relevant statutory requirements and its benefits for both the employer and employees. The final orders included the approval of the enterprise agreement, effective from the date of the decision.

5b Industries Pty Ltd T/A 5b Industries Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established