Abbe NSW Pty Ltd T/A Abbe NSW Pty Ltd Summary

[2024] FWCA 1022

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Abbe NSW Pty Ltd T/A Abbe NSW Pty Ltd

(AG2024/505)

ABBE NSW PTY LTD ENTERPRISE AGREEMENT 2024

Graphic Arts
DEPUTY PRESIDENT MASSON	MELBOURNE, 21 MARCH 2024

Application for approval of the Abbe NSW Pty Ltd Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Abbe NSW Pty Ltd Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Abbe NSW Pty Ltd T/A Abbe NSW Pty Ltd. The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 15 December 2023 and the Agreement was made on 19 February 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

The Employer 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. The undertakings are taken to be a term of 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.

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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 March 2024. The nominal expiry date of the Agreement is 31 March 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by Abbe NSW Pty Ltd to have the Abbe NSW Pty Ltd Enterprise Agreement 2024 approved as a single-enterprise agreement. The applicant sought to have the agreement registered, which would confer upon it the benefits of modern awards and other protections under the Fair Work Act 2009. The dispute arose from the negotiation process and the proposed terms of the agreement, which were subject to scrutiny to ensure compliance with the legislative requirements.

The primary legal issue before the Commission was whether the agreement complied with the statutory requirements set forth in the Fair Work Act. This included an examination of whether the agreement was genuinely negotiated and whether it contained the necessary minimum terms and conditions as prescribed by the Act. Additionally, the Commission had to assess whether the agreement met the standards of procedural fairness, ensuring that the negotiation process was transparent and that all parties had an opportunity to participate.

After reviewing the submissions from both parties and considering the evidence provided, the Commission found that the agreement met all the statutory requirements. The Commission was satisfied that the negotiation process was conducted in good faith and that the agreement contained the necessary minimum terms and conditions. Furthermore, the Commission determined that the agreement was procedurally fair and that all relevant parties had an opportunity to be heard. As a result, the Commission approved the agreement, allowing it to take effect and providing the parties with the protections and benefits afforded by the Fair Work Act.

In conclusion, the Fair Work Commission approved the application for the registration of the Abbe NSW Pty Ltd Enterprise Agreement 2024. The agreement was found to be genuinely negotiated, compliant with the minimum terms and conditions, and procedurally fair. The approval of the agreement ensures that the parties are now bound by its terms and that the protections under the Fair Work Act are applicable.

Abbe NSW Pty Ltd T/A Abbe NSW Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established