ABC Castings Pty Ltd T/A ABC Castings Pty Ltd Summary

[2021] FWCA 6497

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ABC Castings Pty Ltd T/A ABC Castings Pty Ltd
(AG2021/7974)

ABC CASTINGS PTY LTD ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 1 NOVEMBER 2021

Application for approval of the ABC Castings Pty Ltd Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the ABC Castings Pty Ltd Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ABC Castings Pty Ltd T/A ABC Castings 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] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 November 2021. The nominal expiry date of the Agreement is 15 August 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

ABC Castings Pty Ltd, trading as ABC Castings Pty Ltd, applied to the Fair Work Commission for approval of an enterprise agreement. The dispute arose from negotiations between the company and its employees regarding terms and conditions of employment. The Fair Work Commission was tasked with deciding whether the agreement met the requirements for approval under the Fair Work Act 2009.

The primary legal issue was whether the agreement complied with the legislative prerequisites for approval. These included whether the agreement was in writing, contained the prescribed minimum terms and conditions, and whether it was certified as a Simple Pay and Conditions Agreement by an independent certifier. Furthermore, the court needed to consider whether the agreement was genuinely negotiated and whether it passed the "better off overall test" to ensure that no party was disadvantaged by the agreement.

The Fair Work Commission found that the enterprise agreement complied with all necessary statutory requirements. The agreement was in writing, contained the required minimum terms and conditions, and was certified as a Simple Pay and Conditions Agreement. The Commission was satisfied that the agreement had been genuinely negotiated and passed the "better off overall test." As a result, the Commission approved the ABC Castings Pty Ltd Enterprise Agreement 2021.

The Fair Work Commission approved the enterprise agreement and directed its registration. This decision confirms the agreement's validity and enforceability under the Fair Work Act 2009.

ABC Castings Pty Ltd T/A ABC Castings Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established