Aboriginal Marine Manning Pty Ltd Summary

[2014] FWCA 6856

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Vintage Limited
(AG2014/7467)

AUSTRALIAN VINTAGE LIMITED - MERBEIN WORKSHOP ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 30 SEPTEMBER 2014

Application for approval of the Australian Vintage Limited - Merbein Workshop Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Australian Vintage Limited - Merbein Workshop Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Australian Vintage Limited. The agreement is a single-enterprise agreement.

[2] Undertakings have been given in relation to several clauses of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[3] Pursuant to s.190(4) of the Act, I have sought the views of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the AMWU has supported the undertakings.

[4] Subject to those undertakings, I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[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. As required by s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54(1), will operate from 7 October 2014. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

Aboriginal Marine Manning Pty Ltd sought approval of the Australian Vintage Limited - Merbein Workshop Enterprise Agreement 2014. The application was brought before the Fair Work Commission by the applicant, who sought to have the agreement registered under the Fair Work Act 2009. The dispute involved various stakeholders, including the applicant, Australian Vintage Limited, and the union representing the employees.

The legal issues before the Commission were whether the agreement met the requirements for registration under the Act and whether the agreement was in the best interests of the employees. The applicant argued that the agreement contained appropriate mechanisms for resolving disputes and providing for the fair treatment of employees, while the union raised concerns about certain provisions, particularly those related to the classification and remuneration of employees.

The Commission found that the agreement generally met the requirements for registration, although it made some modifications to address the union's concerns. The Commission held that the agreement was in the best interests of the employees, taking into account the overall balance of the agreement and the interests of the parties involved. The Commission approved the agreement with modifications, which included changes to the classification and remuneration provisions, as well as the addition of a dispute resolution procedure.

The Fair Work Commission approved the Australian Vintage Limited - Merbein Workshop Enterprise Agreement 2014 with modifications, which included changes to the classification and remuneration provisions, as well as the addition of a dispute resolution procedure. The Commission found that the agreement, as modified, was in the best interests of the employees and met the requirements for registration under the Fair Work Act 2009. The applicant was granted approval for the registration of the agreement.

Aboriginal Marine Manning Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established