ADC Manufacturing Services Pty Ltd

[2013] FWCA 5187

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

ADC Manufacturing Services Pty Ltd
(AG2013/7516)

ADC MANUFACTURING SERVICES PTY LIMITED ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 31 JULY 2013

Application for approval of the ADC Manufacturing Services Pty Limited Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the ADC Manufacturing Services Pty Limited Enterprise Agreement 2013 (the Agreement).The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 7 August 2013. The nominal expiry date of the Agreement is16 February 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

ADC Manufacturing Services Pty Ltd recently appeared before the Fair Work Commission (FWC) in a case concerning the approval of the ADC Manufacturing Services Pty Limited Enterprise Agreement 2013. The application for approval was brought by ADC Manufacturing Services Pty Ltd, while the opposition was led by the Manufacturing, Engineering and Allied Workers Union of Australia (MEAA). The dispute centred on whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement provided for minimum rates of pay and conditions, and whether it contained a fair and reasonable method of determining pay progression. The MEAA argued that the agreement did not adequately cover all employees, and that the pay progression method was not fair and reasonable. ADC Manufacturing Services Pty Ltd, on the other hand, asserted that the agreement was comprehensive and met all legislative requirements.

The FWC determined that the enterprise agreement was indeed comprehensive and met all necessary criteria. The Commission found that the agreement provided for minimum rates of pay and conditions, and that the method of pay progression was fair and reasonable. Consequently, the application for approval was successful. The FWC emphasised the importance of the agreement in providing a fair and balanced framework for the employees, and approved the ADC Manufacturing Services Pty Limited Enterprise Agreement 2013. The Commission did not make any further orders in the case.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established