DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ACIRL QUALITY TESTING SERVICES PTY LTD T/A ACTest
(AG2018/6657)

ACTEST NEWCASTLE ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT KOVACIC	CANBERRA, 13 AUGUST 2019

Application for approval of the ACTEST Newcastle Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the ACTEST Newcastle Enterprise Agreement 2018 (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] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[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 August 2019. The nominal expiry date of the Agreement is 20 August 2022.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the ACTest Newcastle Enterprise Agreement 2018. The applicant, ACIRL Quality Testing Services Pty Ltd, trading as ACTest, sought approval of the agreement from the Commission. The dispute centred around the terms and conditions of employment for employees of ACTest in Newcastle. The legal issues at hand revolved around whether the agreement met the statutory requirements under the Fair Work Act 2009 and whether it provided for fair and reasonable terms and conditions of employment.

The Commission examined the application to determine if the agreement complied with the procedural and substantive requirements of the Fair Work Act. This included assessing whether the agreement had been made in good faith and whether it provided for minimum terms and conditions as set out in the relevant modern awards. The Commission also considered whether the agreement provided for appropriate mechanisms for dispute resolution and whether it ensured fairness for all employees covered by the agreement. The applicant had to demonstrate that the agreement was negotiated in good faith and that it did not adversely affect employees' rights.

The Fair Work Commission found that the ACTest Newcastle Enterprise Agreement 2018 was made in good faith and complied with the necessary procedural requirements. The agreement was deemed to provide for fair and reasonable terms and conditions of employment. It met the statutory criteria under the Fair Work Act, including the provision of minimum terms and conditions and appropriate dispute resolution mechanisms. The Commission approved the agreement, noting that it did not adversely affect the rights of employees and provided for a fair framework for employment in the specified enterprise.

The final orders of the Commission were that the ACTest Newcastle Enterprise Agreement 2018 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered and enforceable from the date of the Commission's approval, ensuring that it governed the employment terms and conditions for the employees as stipulated.

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