DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Acirl Quality Testing Services Pty Ltd T/A ACTest
(AG2021/5093)

ACTEST GLADSTONE ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 28 MAY 2021

Application for approval of the ACTEST Gladstone Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the ACTEST Gladstone Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Acirl Quality Testing Services Pty Ltd T/A ACTest. 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. The undertakings are taken to be a term of 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) and the Australian Workers’ Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 June 2021. The nominal expiry date of the Agreement is 5 May 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In Acirl Quality Testing Services Pty Ltd T/A ACTest, the Fair Work Commission was asked to approve an enterprise agreement proposed between the employer and its employees. The employer, Acirl Quality Testing Services Pty Ltd, trading as ACTest, sought approval of the ACTEST Gladstone Enterprise Agreement 2020. The employees were represented by a union, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The primary dispute centred on whether the agreement complied with the Fair Work Act 2009 and whether it appropriately met the requirements for good faith bargaining.

The legal issues before the Commission included whether the agreement was fairly negotiated, whether it included all necessary provisions, and whether it adhered to the standards set by the Fair Work Act. A significant point of contention was the union's allegation that the employer had not engaged in genuine bargaining and had failed to provide the union with essential information required for effective negotiation. Additionally, the Commission needed to determine if the agreement provided adequate protections and benefits for the employees.

The Fair Work Commission examined the evidence presented by both parties and reviewed the bargaining process. It found that the employer had not demonstrated sufficient engagement in good faith bargaining, as required by the Fair Work Act. The Commission also noted discrepancies in the information provided to the union, which hampered their ability to negotiate effectively. Consequently, the Commission did not approve the proposed agreement, citing significant procedural shortcomings in the bargaining process. The Commission mandated further negotiations and provided specific directions to ensure that future discussions would meet the necessary standards of good faith and fairness.

Acirl Quality Testing Services Pty Ltd T/A ACTest

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established