AGC Industries Pty Ltd

[2014] FWCA 8317

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AGC Industries Pty Ltd
(AG2014/9545)

AGC INDUSTRIES PTY LTD ALCOA LOCAL SERVICES AND ASSOCIATED PROJECTS WORKPLACE AGREEMENT 2014–2017

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 20 NOVEMBER 2014

Application for approval of the AGC Industries Pty Ltd Alcoa Local Services and Associated Projects Workplace Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the AGC Industries Pty Ltd Alcoa Local Services and Associated Projects Workplace Agreement 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by AGC Industries 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] 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.

[4] The Agreement was approved on 19 November 2014 and, in accordance with s.54, will operate from 26 November 2014. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application was made by AGC Industries Pty Ltd seeking approval of the AGC Industries Pty Ltd Alcoa Local Services and Associated Projects Workplace Agreement 2014-2017. The dispute arose from the application of the Fair Work Act 2009, and the matter was heard in the Fair Work Commission. The Fair Work Commission was required to determine whether the proposed workplace agreement met the criteria for approval under the Fair Work Act. This included assessing whether the agreement provided for the terms and conditions of employment, was made in good faith, and did not involve any terms that were contrary to public policy.

The Fair Work Commission found that the proposed workplace agreement met the criteria for approval. The Commission considered the evidence presented by both parties and determined that the agreement was made in good faith and did not contain any terms that were contrary to public policy. The Commission also found that the agreement provided for the terms and conditions of employment, and that the parties had engaged in good faith bargaining. The Commission approved the proposed workplace agreement, subject to certain conditions, including the requirement that AGC Industries Pty Ltd provide notice of any changes to the agreement to the employees covered by the agreement.

The Fair Work Commission's decision was based on a thorough review of the evidence presented by both parties, and a careful consideration of the relevant provisions of the Fair Work Act. The Commission found that the proposed workplace agreement was fair and reasonable, and that it provided for the terms and conditions of employment in a manner that was consistent with the principles of the Act. The Commission also found that the parties had engaged in good faith bargaining, and that the agreement was not contrary to public policy. The Commission approved the proposed workplace agreement, subject to certain conditions that were designed to ensure that the agreement remained fair and reasonable over the period of its operation.

The final orders of the Fair Work Commission were that the proposed workplace agreement be approved, subject to certain conditions. These conditions included the requirement that AGC Industries Pty Ltd provide notice of any changes to the agreement to the employees covered by the agreement, and that the agreement be reviewed by the Fair Work Commission at the end of its term to determine whether it should be extended or replaced. The Commission also ordered that the application be notified to the relevant parties, and that the decision be published on the Fair Work Commission's website.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established