DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Acirl Proprietary Limited
(AG2018/6663)

ACIRL PROPRIETARY LIMITED ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 13 MAY 2019

Application for approval of the Acirl Proprietary Limited Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Acirl Proprietary Limited Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Acirl Proprietary Limited. 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 referred to above, 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 “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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 May 2019. The nominal expiry date of the Agreement is 19 May 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Acirl Proprietary Limited, the applicant sought the approval of the Acirl Proprietary Limited Enterprise Agreement 2018. This application was made before the Fair Work Commission, an Australian federal court with jurisdiction over employment matters. The dispute centred around whether the enterprise agreement, which had been negotiated between the employer and a trade union representing the employees, met the legal criteria for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement complied with the procedural and substantive requirements of the Fair Work Act. Procedurally, the Commission had to determine if the agreement had been made in good faith and if the necessary bargaining processes had been followed. Substantively, the Commission assessed whether the agreement provided for fair and reasonable terms and conditions of employment, including minimum rates of pay, classification of employees, and other employment-related matters.

The Commission found that the agreement had been made in good faith and that the procedural requirements had been met. The substantive provisions of the agreement were also considered fair and reasonable, providing adequate protection for employees while allowing the employer flexibility in managing the business. Consequently, the Commission approved the Acirl Proprietary Limited Enterprise Agreement 2018. This decision was based on the balance of interests between the employer and employees, ensuring that the agreement was fair and reasonable under the legal framework.

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