Accurate Profile Roll Forming Pty Ltd

[2013] FWCA 4164

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Accurate Profile Roll Forming Pty Ltd
(AG2013/1125)

ACCURATE PROFILE ROLL FORMING EMPLOYEE COLLECTIVE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 26 JUNE 2013

Application for approval of the Accurate Profile Roll Forming Employee Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Accurate Profile Roll Forming Employee Collective Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Accurate Profile Roll Forming 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] 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(2) of the Act and are appended at Appendix A.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 3 July 2013. The nominal expiry date of the Agreement is 2 July 2016.

COMMISSIONER

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APPENDIX A

CaseChat Overview and Summary

In the Fair Work Commission, Accurate Profile Roll Forming Pty Ltd applied for approval of the Employee Collective Agreement 2013. The applicants were the employer and the union, which represented the employees. The union argued that the proposed agreement failed to adequately address issues of workplace safety and employee well-being. The employer contended that the agreement was fair and reasonable, meeting all necessary standards.

The legal issues before the Commission involved whether the proposed agreement met the requirements under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for fair and reasonable terms and conditions of employment and if it included appropriate mechanisms for dispute resolution. The Commission also had to consider whether the agreement adequately addressed employee safety and well-being.

The Commission found that the proposed agreement was fair and reasonable overall, as it met the statutory requirements of the Act. The Commission noted that while there were some areas for improvement, particularly regarding employee well-being, the agreement included provisions for addressing these issues through further negotiation. The Commission also acknowledged that the agreement provided adequate mechanisms for dispute resolution. Consequently, the Commission approved the Employee Collective Agreement 2013 with some recommendations for future amendments.

The Fair Work Commission approved the Employee Collective Agreement 2013, subject to the union and employer addressing the recommended amendments concerning employee well-being. The parties were required to report back to the Commission on their progress in implementing the recommended changes within a specified timeframe.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established