DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ADC Manufacturing Services Pty Ltd
(AG2016/1454)

ADC MANUFACTURING SERVICES PTY LIMITED ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 21 JUNE 2016

Application for approval of the ADC Manufacturing Services Pty Limited Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the ADC Manufacturing Services Pty Limited Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ADC Manufacturing Services 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 was approved on 21 June 2016 and, in accordance with s.54, will operate from 28 June 2016. The nominal expiry date of the Agreement is 16 February 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, ADC Manufacturing Services Pty Ltd, sought approval of the ADC Manufacturing Services Pty Limited Enterprise Agreement 2016 from the Fair Work Commission. The dispute involved the terms of the proposed agreement, which aimed to regulate the employment conditions of various employees within the company. The Commission was tasked with determining whether the agreement met the requirements set forth in the Fair Work Act 2009 and whether it was in the best interest of the employees.

The legal issues that the Commission had to resolve included whether the agreement was made in good faith, whether it contained the minimum terms and conditions as mandated by the Fair Work Act, and whether it was free from any unfair content. Additionally, the Commission needed to consider whether the agreement was appropriately certified by an independent certifier and whether it met the procedural requirements for approval. The core of the dispute hinged on whether the agreement, as proposed, would adequately protect the employees' rights and interests.

The Fair Work Commission, after thorough examination of the agreement, found that it was made in good faith and contained all the mandatory minimum terms as stipulated by the Fair Work Act. The Commission also determined that the agreement was free from any unfair content and was appropriately certified. Furthermore, the procedural requirements for approval were met. Consequently, the Commission approved the ADC Manufacturing Services Pty Limited Enterprise Agreement 2016. This decision was based on the comprehensive analysis of the agreement's provisions and its alignment with the legislative framework.

ADC Manufacturing Services 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