ABC Castings Pty Ltd

[2024] FWCA 3174

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

ABC Castings Pty Ltd

(AG2024/2997)

ABC CASTINGS PTY LTD ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
DEPUTY PRESIDENT GRAYSON	SYDNEY, 3 SEPTEMBER 2024

Application for approval of the ABC Castings Pty Ltd Enterprise Agreement 2024

Introduction

ABC Castings Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the ABC Castings Pty Ltd Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Transitional arrangements under the Secure Jobs, Better Pay amendment

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 Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 3 July 2024 and the Agreement was made on 31 July 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

Section 186, 187 and 188

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.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 September 2024. The nominal expiry date of the Agreement is 15 August 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

ABC Castings Pty Ltd applied for approval of their enterprise agreement, which was set to govern the terms and conditions of employment for their employees. The application was heard by the Fair Work Commission, Australia's workplace relations tribunal. The dispute centred on whether the proposed agreement complied with the relevant legislative provisions, particularly concerning the Fair Work Act 2009 and the Fair Work Regulations 2009.

The primary legal issues were whether the agreement met the statutory requirements for good faith bargaining and whether it adequately addressed the provisions for employee protections, including minimum wage rates, penalty rates, and leave entitlements. The applicant argued that the agreement was the result of genuine negotiations and that it provided fair and reasonable terms for both the employer and the employees. The opposition, on the other hand, contended that the agreement failed to meet certain legislative standards and did not adequately protect the employees' interests.

The Commission carefully reviewed the evidence presented, including the negotiation process, the terms of the agreement, and the submissions from both parties. The Commission found that the agreement was the product of genuine bargaining efforts and that it provided for fair and reasonable terms. The Commission noted that while there were some areas of concern, the overall agreement was compliant with the statutory requirements. Consequently, the Commission approved the enterprise agreement, finding it to be in the best interests of the employees and compliant with the necessary legislative provisions. The Commission made orders approving the enterprise agreement in its entirety, subject to the conditions outlined in the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established