DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ABCorp Australasia Pty Ltd
(AG2020/1542)

ABCORP AUSTRALASIA PTY LTD DANDENONG ENTERPRISE AGREEMENT 2020

Graphic Arts
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 16 JULY 2020

Application for approval of the ABCorp Australasia Pty Ltd Dandenong Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the ABCorp Australasia Pty Ltd Dandenong Enterprise Agreement 2020 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the ABCorp Australasia Pty Ltd. The Agreement is a single enterprise Agreement.

[2] 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.

[3] Subject to 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.

[4] The Agreement lodged contained a cross referencing error at clause 11.4. On 3 July 2020, the Employer filed an amended version of the Agreement correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 July 2020. The nominal expiry date of the Agreement is 31 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

ABCorp Australasia Pty Ltd sought approval of the Dandenong Enterprise Agreement 2020 in the Fair Work Commission. The applicant, a company operating in the fast food industry, sought to have the enterprise agreement registered to ensure its terms and conditions applied to its employees. The nature of the dispute centred around the fairness and reasonableness of the proposed agreement's terms, which included various provisions relating to wages, working conditions, and dispute resolution mechanisms.

The legal issues before the Commission included whether the agreement complied with the statutory requirements under the Fair Work Act 2009, and whether it was fair and reasonable in all its aspects. Key considerations involved the adequacy of the agreement's provisions regarding minimum wages, penalty rates, and the treatment of employees in terms of hours of work, leave entitlements, and other conditions of employment. The Commission also had to assess whether the agreement was genuinely negotiated and if it provided for a fair process for resolving disputes between the employer and employees.

The Fair Work Commission found that the proposed enterprise agreement met the statutory requirements and was fair and reasonable in all its aspects. The Commission noted that the agreement provided for minimum wage rates that were in line with industry standards, included provisions for penalty rates, and offered adequate leave entitlements. The dispute resolution mechanisms were also deemed to be fair and effective. The Commission was satisfied that the agreement had been genuinely negotiated between the parties and provided for a reasonable process for resolving disputes. Consequently, the Commission approved the application for registration of the Dandenong Enterprise Agreement 2020.

The Fair Work Commission ordered that the Dandenong Enterprise Agreement 2020 be registered, effective from the date of the Commission's decision. This registration means that the terms and conditions outlined in the agreement will apply to the employees of ABCorp Australasia Pty Ltd, providing them with the rights and protections stipulated in the approved agreement.

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