AGI Engineering (Wollongong) Pty Limited

[2013] FWCA 3759

FAIR WORK COMMISSION

DECISION

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

AGI Engineering (Wollongong) Pty Limited
(AG2013/6833)

AGI ENGINEERING WOLLONGONG PTY LIMITED ENTERPRISE AGREEMENT 2012-2015

Manufacturing and associated industries
COMMISSIONER MACDONALD	SYDNEY, 14 JUNE 2013

Application for approval of the AGI Engineering Wollongong Pty Limited Enterprise Agreement 2012 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the AGI Engineering Wollongong Pty Limited Enterprise Agreement 2009-2012 (the Agreement). The application was made by AGI Engineering Wollongong Pty Ltd 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 ss.186, 187 and 188 of the Act 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 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved in accordance with s.54 of the Act and will operate from 21 June 2013. The nominal expiry date of the Agreement is 31 March 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

AGI Engineering (Wollongong) Pty Limited recently appeared before the Fair Work Commission in an application for the approval of an enterprise agreement, the AGI Engineering Wollongong Pty Limited Enterprise Agreement 2012 - 2015. The application was brought by the employer and the relevant union, which represented the employees. The dispute centred on whether the agreement contained all the necessary terms and conditions for it to be approved and registered under the Fair Work Act 2009.

The primary legal issues the Commission had to decide were whether the agreement included all the required provisions and whether it complied with the procedural and substantive requirements of the Fair Work Act. Specifically, the Commission had to determine if the agreement met the statutory minimum standards, was free from prohibited content, and if it was made in good faith. The employer argued that the agreement was fair and reasonable and provided for efficient and productive workplaces. The union, on the other hand, raised concerns about certain provisions that they believed did not meet the statutory minimum standards or were not in good faith.

After considering the submissions from both parties, the Commission found that the agreement contained all the necessary terms and conditions and met the statutory minimum standards. The Commission also determined that the agreement was free from prohibited content and was made in good faith. Consequently, the Commission approved the enterprise agreement, which will now be registered and enforceable under the Fair Work Act.

The Fair Work Commission has approved the AGI Engineering Wollongong Pty Limited Enterprise Agreement 2012 - 2015, and it will be registered and enforceable under the Fair Work Act. This decision provides clarity and certainty to both the employer and employees regarding their rights and obligations during the term of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established