DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ABCorp Australasia Pty Ltd
(AG2021/6602)

ABCORP AUSTRALASIA PTY LTD DANDENONG ENTERPRISE AGREEMENT 2021 - 2024

Graphic Arts
DEPUTY PRESIDENT MANSINI	MELBOURNE, 2 SEPTEMBER 2021

Application for approval of the ABCorp Australasia Pty Ltd Dandenong Enterprise Agreement 2021 - 2024.

[1] ABCorp Australasia Pty Ltd has applied for approval of a single enterprise agreement known as the ABCorp Australasia Pty Ltd Dandenong Enterprise Agreement 2021 - 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about the form of the application, whether the Agreement contravenes s.55 of the Act and whether the Agreement passes the “better off overall” test. Further information was provided in relation to these concerns.

[3] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The bargaining representatives did not oppose the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[4] Noting Undertaking 2 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[5] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, 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.

[6] 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. In accordance with s.201(2), I note that the Agreement covers this organisation.

[7] The Agreement was approved on 2 September 2021 and, in accordance with s.54, will operate from 9 September 2021. The nominal expiry date of the Agreement is 31 March 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves ABCorp Australasia Pty Ltd, an employer, and its employees, represented by a union. The dispute centred on the approval of the Dandenong Enterprise Agreement 2021 - 2024. The application was brought before the Fair Work Commission, the tribunal responsible for overseeing the approval of enterprise agreements in Australia. The union argued that the proposed agreement did not meet the necessary standards for approval, while ABCorp contended that it was in compliance with all relevant provisions.

The legal issues before the tribunal included whether the proposed agreement complied with the statutory requirements of the Fair Work Act 2009, particularly concerning the provisions for employee consultation, the terms and conditions of employment, and the overall fairness of the agreement. The tribunal had to determine whether the agreement provided for adequate consultation and whether the terms and conditions were fair and reasonable. The court also examined whether the agreement met the statutory requirements for good faith bargaining and whether it complied with any other relevant legislation.

In reaching its decision, the tribunal considered the evidence presented by both parties, including the process of consultation and the content of the proposed agreement. The tribunal found that the employer had engaged in good faith bargaining and had provided adequate consultation to the employees. The tribunal was satisfied that the terms and conditions of the agreement were fair and reasonable, and it met the statutory requirements for approval. The tribunal approved the Dandenong Enterprise Agreement 2021 - 2024, allowing it to come into effect from the specified date.

The tribunal's final order was the approval of the Dandenong Enterprise Agreement 2021 - 2024, with the agreement to be registered by the employer with the Fair Work Commission. The agreement was to be in effect for the period of 2021 to 2024, providing a framework for the terms and conditions of employment for the employees covered by the agreement. The tribunal emphasised the importance of continued consultation and good faith bargaining between the parties to ensure that any future disputes could be resolved amicably and in accordance with the law.

ABCorp Australasia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established