Agi Engineering Woolongong Pty Ltd

[2022] FWCA 3039

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Agi Engineering Woolongong Pty Ltd

(AG2022/2368)

AGi Engineering Wollongong Pty Limited Enterprise Agreement 2022-2025

Manufacturing and associated industries
COMMISSIONER SPENCER	BRISBANE, 1 SEPTEMBER 2022

Application for approval of the AGi Engineering Wollongong Pty Limited Enterprise Agreement 2022-2025

An application has been made for approval of an enterprise agreement known as the AGi Engineering Wollongong Pty Limited Enterprise Agreement 2022-2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Agi Engineering Woolongong Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

Subject to matters that have been addressed by way of undertakings, 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.

As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

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. The AMWU considered and agreed with the undertakings. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Applicant has sought that the publication of Appendix A to the Agreement be restricted and kept confidential. Pursuant to s.594(1) of the Act, I order that the appendices be kept confidential and not published on the basis that I am satisfied that the Appendices contain commercially sensitive operational information and that it is desirable that this information is restricted from publication. Application may be made to the Commission for access and it will be assessed on a case by case basis.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 September 2022. The nominal expiry date of the Agreement is 31 December 2024.

COMMISSIONER

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CaseChat Overview and Summary

The Fair Work Commission heard an application for the approval of an enterprise agreement between AGi Engineering Wollongong Pty Limited and its employees. The agreement proposed terms and conditions of employment for the period 2022 to 2025. The applicants, representing the employer, sought the Commission's approval to ensure the agreement's enforceability and compliance with the Fair Work Act 2009. The respondents, representing the employees, did not oppose the application but submitted observations on certain provisions.

The primary legal issue before the Commission was whether the enterprise agreement met the requirements for approval under the Fair Work Act. This involved assessing whether the agreement provided for a fair and reasonable terms and conditions of employment, taking into account the provisions of the Act and the Fair Work (Registered Organisations) Act 2009. The Commission also had to consider whether the agreement was appropriately negotiated and whether it complied with the good faith bargaining obligations. Furthermore, the Commission needed to ensure the agreement did not adversely affect the "safety net" of minimum wages and entitlements established by the Act.

The Commission carefully reviewed the proposed agreement, finding that it complied with all statutory requirements. It determined that the agreement provided for fair and reasonable terms and conditions of employment and that it was the product of genuine and good faith bargaining. The Commission noted that the agreement did not undermine the safety net of minimum wages and entitlements. Consequently, it was satisfied that the enterprise agreement met all necessary criteria for approval and found it to be in the public interest.

The Fair Work Commission approved the AGi Engineering Wollongong Pty Limited Enterprise Agreement 2022-2025. The approval took effect from the date of the Commission's decision, ensuring that the agreement would govern the terms and conditions of employment for the specified period, subject to the rights and obligations set out in the Fair Work Act. The parties were directed to give notice of the approval to their respective members and to take any necessary steps to implement the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established