DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ackland View Pty Ltd
(AG2017/5940)

ACKLAND VIEW PTY LTD AND THE AMWU (ALTONA AREA) AGREEMENT 2017-2020

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 13 DECEMBER 2017

Application for approval of the Ackland View Pty Ltd and the AMWU (Altona Area) Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Ackland View Pty Ltd and the AMWU (Altona Area) Agreement 2017-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ackland View Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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 December 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Ackland View Pty Ltd, sought approval of an agreement it had entered into with the Australian Manufacturing Workers’ Union (AMWU) for the period 2017 to 2020. The respondent, the AMWU, did not oppose the application but made submissions on the terms of the agreement. The matter was heard in the Fair Work Commission. The central legal issue was whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the court had to determine whether the agreement was a ‘registered agreement’ and if it complied with the provisions of the Act regarding the minimum entitlements of employees. The Commission examined the agreement to ensure it did not undermine the minimum standards set by the Fair Work Act.

The Fair Work Commission found that the agreement did not include all the minimum entitlements required by the Act, as it omitted specific provisions related to penalty rates and allowances. Despite the respondent not opposing the application, the Commission noted that an agreement must provide for all minimum entitlements to be valid. The court held that the agreement could not be approved as it stood because it did not meet the statutory requirements. Consequently, the application for approval was dismissed. The Commission directed the parties to negotiate an amended agreement that incorporated all the necessary minimum entitlements as prescribed by the Fair Work Act.

In light of the decision, the Commission made clear that any future agreement must explicitly include all required minimum entitlements to be considered for approval. The applicant was given the opportunity to revise the agreement to address the deficiencies identified and resubmit it for approval. The Commission emphasised the importance of ensuring compliance with the minimum standards to protect employees’ rights and interests.

Ackland View Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established