Able Industries Engineering Pty Ltd

[2013] FWCA 3996

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Able Industries Engineering Pty Ltd
(AG2013/6974)

ABLE INDUSTRIES ENGINEERING PTY LTD ATF ABLE INDUSTRIES ENGINEERING UNIT TRUST (ABN 31 213 464 545) ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 20 JUNE 2013

Application for approval of the Able Industries Engineering Pty Ltd atf Able Industries Engineering Unit Trust (ABN 31 213 464 545) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Able Industries Engineering Pty Ltd atf Able Industries Engineering Unit Trust (ABN 31 213 464 545) Enterprise Agreement 2013the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Able Industries Engineering Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 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 (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. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 27 June 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the matter of Able Industries Engineering Pty Ltd involved an application by the employer for the approval of an enterprise agreement. The applicant, Able Industries Engineering, sought approval of its proposed enterprise agreement, titled the Able Industries Engineering Pty Ltd atf Able Industries Engineering Unit Trust (ABN 31 213 464 545) Enterprise Agreement 2013. The dispute centred around the terms of the proposed agreement, including matters such as employee entitlements, working conditions, and dispute resolution mechanisms.

The primary legal issues before the Commission were whether the proposed agreement met the requirements of the Fair Work Act 2009, specifically in terms of its compliance with the "better off overall test" (BOOT) and whether it contained any terms that were contrary to public policy or contravened any statutory minimum standards. The Commission was required to determine if the proposed agreement provided employees with a fair and reasonable set of terms and conditions of employment, and whether it was consistent with the provisions of the Fair Work Act.

The Fair Work Commission found that the proposed agreement did meet the BOOT, as it provided employees with improved terms and conditions compared to the applicable awards. The Commission also determined that the agreement contained no terms that were contrary to public policy or statutory minimum standards. The Commission noted that the agreement included provisions for fair and reasonable working hours, adequate leave entitlements, and a clear dispute resolution process. Additionally, the agreement did not contravene any minimum standards under the Fair Work Act, and all employees had the opportunity to be represented during the bargaining process.

Accordingly, the Fair Work Commission approved the Able Industries Engineering Pty Ltd atf Able Industries Engineering Unit Trust (ABN 31 213 464 545) Enterprise Agreement 2013, effective from the date of the decision. The approved agreement now serves as the governing instrument for the employment terms and conditions between Able Industries Engineering and its employees, subject to the provisions of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established