Actron Engineering Pty Ltd T/A Actron Air

[2021] FWCA 6127

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Actron Engineering Pty Ltd T/A Actron Air
(AG2021/7591)

ACTRON ENGINEERING PTY LTD ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 5 OCTOBER 2021

Application for approval of the Actron Engineering Pty Ltd Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Actron Engineering Pty Ltd Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Actron Engineering Pty Ltd T/A Actron Air. 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 October 2021. The nominal expiry date of the Agreement is 11 October 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Actron Engineering Pty Ltd, trading as Actron Air, applied to the Fair Work Commission for approval of the Actron Engineering Pty Ltd Enterprise Agreement 2021. The application followed a negotiation process involving the company and the employees' representative, the Electrical Trades Union of Australia (ETUA). The nature of the dispute centred on the terms and conditions of employment for employees under the proposed agreement, including wages, hours of work, leave entitlements, and other benefits.

The legal issues before the court involved assessing whether the agreement complied with the requirements set out in the Fair Work Act 2009. Specifically, the court needed to determine if the agreement provided for minimum entitlements, met the procedural fairness standards, and whether it was made in good faith and without coercion. Additionally, the court examined whether the agreement facilitated the efficient operation of the enterprise, considering the balance of interests between the employer and employees.

The Fair Work Commission found that the Actron Engineering Pty Ltd Enterprise Agreement 2021 met the statutory requirements. The agreement was deemed to provide for the minimum entitlements, was made in good faith, and adhered to the procedural fairness standards. The Commission also determined that the terms of the agreement facilitated the efficient operation of the enterprise and balanced the interests of both parties. Consequently, the application for approval was granted, and the agreement was registered.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established