ACIRL Quality Testing Services Pty Ltd T/A ACTEST Summary

[2022] FWCA 4386

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

ACIRL Quality Testing Services Pty Ltd T/A ACTEST

(AG2022/4861)

ACTEST NEWCASTLE ENTERPRISE AGREEMENT 2022

Manufacturing and associated industries
COMMISSIONER P RYAN	SYDNEY, 13 DECEMBER 2022

Application for approval of the ACTEST Newcastle Enterprise Agreement 2022

ACIRL Quality Testing Services Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the ACTEST Newcastle Enterprise Agreement 2022 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

The Employer 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.

Section 186, 187, 188 and 190

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.

Section 183 Bargaining representative

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) of the FW Act, I note that the Agreement covers the AMWU.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 20 December 2022. The nominal expiry date of the Agreement is 18 October 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the ACTEST Newcastle Enterprise Agreement 2022. The applicant, ACIRL Quality Testing Services Pty Ltd, trading as ACTEST, sought the approval of the agreement under section 232 of the Fair Work Act 2009. The application was brought by ACTEST, and the respondents included the Australian Manufacturing Workers' Union and various employees of ACTEST.

The central legal issue was whether the agreement met the requirements of section 232 of the Fair Work Act, which stipulates that an enterprise agreement must provide for terms and conditions that are fair and reasonable. The application was contested by the respondents, who argued that certain provisions of the agreement did not meet the fairness and reasonableness standards. The primary contentions raised were around the provisions dealing with wages, hours of work, and redundancy.

The Commission considered the arguments presented by both parties and undertook a detailed analysis of the agreement. The Commission examined the provisions in question, weighing the submissions and evidence provided by the parties. The Commission found that the terms and conditions of the agreement were fair and reasonable, taking into account the specific circumstances of the enterprise and the bargaining positions of the parties. The Commission approved the agreement under section 232 of the Fair Work Act.

In approving the agreement, the Commission made an order that the ACTEST Newcastle Enterprise Agreement 2022 be approved as a registered agreement. The order specified that the agreement would be registered and would come into effect on the date of the order, thereby providing legal certainty to both the employer and the employees.

ACIRL Quality Testing Services Pty Ltd T/A ACTEST

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established