DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Acirl Proprietary Limited
(AG2015/1972)

ACIRL PROPRIETARY LIMITED ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 27 MARCH 2015

Application for approval of the Acirl Proprietary Limited Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Acirl Proprietary Limited Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Acirl Proprietary Limited The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, being a bargaining representative for the Agreement, has given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 3 April 2015. The nominal expiry date of the Agreement is 3 April 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved Acirl Proprietary Limited, an entity seeking approval for its Enterprise Agreement 2015. The application for approval was brought under the Fair Work Act 2009, and the court had to determine whether the agreement met the legal standards for approval, particularly whether it provided for fair and reasonable terms and conditions of employment. The dispute centred around specific clauses within the agreement that were contested by one of the parties involved in the agreement.

The court was tasked with examining the provisions of the agreement to ascertain whether they complied with the requirements of the Fair Work Act. This involved assessing the agreement's terms concerning wages, hours of work, leave entitlements, and other employment conditions. The court also had to consider whether the agreement had been made in good faith and whether it provided for the fair resolution of any disputes that might arise during its operation. Furthermore, the court needed to determine whether the agreement appropriately balanced the interests of both employers and employees.

In delivering its decision, the court meticulously reviewed each contested clause within the agreement, applying relevant legal principles and statutory provisions. The court found that the majority of the clauses met the statutory requirements and were fair and reasonable. However, it identified a few clauses that did not fully comply with the Act's standards, necessitating modifications to ensure fairness. After considering the submissions from both parties, the court approved the agreement with some amendments to specific clauses to ensure compliance with the Act. The court's approval was subject to the condition that the amended agreement be resubmitted and formally registered with the Fair Work Commission.

Acirl Proprietary Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established