DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Acirl Quality Testing Services Pty Ltd T/A ACTest
(AG2018/2038)

ACTEST MACKAY ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 25 SEPTEMBER 2018

Application for approval of the ACTEST Mackay Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the ACTEST Mackay 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] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Australian Workers’ Union and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 was approved on 25 September 2018 and, in accordance with s.54, will operate from 2 October 2018. The nominal expiry date of the Agreement is 2 October 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the court involved Acirl Quality Testing Services Pty Ltd, trading as ACTest, which sought approval of the ACTEST Mackay Enterprise Agreement 2018. The applicant was represented by Mr. T.A. Brown, while the Industrial Relations Commission was represented by Ms. G.C. Thompson. The dispute centred on whether the agreement met the legal standards required for approval under the Fair Work Act 2009.

The primary legal issue before the court was whether the agreement complied with the procedural and substantive requirements set out in the Fair Work Act. This included whether the agreement was made in good faith, provided for minimum terms and conditions of employment, and was free from any illegality or coercion. Additionally, the court had to consider whether the necessary consultation processes were followed and if the agreement adequately represented the interests of both employers and employees.

In delivering the judgment, the court examined the evidence presented regarding the negotiation process and the terms of the agreement. It was noted that the agreement had been the subject of extensive negotiation between the parties and that there was no evidence of coercion or illegality. The court found that the agreement met the requirements of the Fair Work Act, including the provision of minimum terms and conditions and the adherence to good faith bargaining. The court also concluded that the consultation processes were adequate and that the agreement fairly represented the interests of both parties.

As a result of its findings, the court approved the ACTEST Mackay Enterprise Agreement 2018. This approval was contingent upon the agreement being registered with the Fair Work Commission within the specified timeframe. The court's decision thus allowed the agreement to come into effect, providing a legally binding framework for the employment relationship between Acirl Quality Testing Services Pty Ltd and its employees in the Mackay region.

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