DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Airstep Australia Pty Ltd
(AG2020/3499)

AIRSTEP AUSTRALIA PTY LTD AND UNITED WORKERS UNION AND AUSTRALIAN MANUFACTURING WORKERS UNION COLLECTIVE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 15 DECEMBER 2020

Application for approval of the Airstep Australia Pty Ltd and United Workers’ Union and Australian Manufacturing Workers union Collective Agreement 2020.

[1] Airstep Australia Pty Ltd has applied for approval of a single enterprise agreement known as the Airstep Australia Pty Ltd and United Workers Union and Australian Manufacturing Workers union Collective Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Noting clause 17 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[3] On the basis of the material contained in the application and related materials, 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.

[4] The United Workers’ Union and the Australian Manufacturing Workers’ Union, being bargaining representatives for the Agreement, have respectively given notice under s.183 of the Act. In accordance with s.201(2) I note that the Agreement covers these organisations.

[5] The Agreement was approved on 15 December 2020 and, in accordance with s.54, will operate from 22 December 2020. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Airstep Australia Pty Ltd, an employer, and the United Workers’ Union and Australian Manufacturing Workers Union, trade unions, applied to the Fair Work Commission for approval of a collective agreement. The dispute arose from the negotiation and subsequent application for approval of a collective agreement under the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the collective agreement complied with the statutory requirements and if it met the “better off overall test” as stipulated by the Act. This test ensures that employees are not worse off than they would be under their individual employment contracts.

The key legal issues before the Commission were whether the collective agreement provided for terms and conditions that were fair and reasonable, and whether the agreement met the statutory requirement of being better off overall for the employees. The Commission needed to assess whether the agreement adequately balanced the interests of both employers and employees and if it adhered to the procedural requirements of the Act.

The Fair Work Commission held that the collective agreement did comply with the statutory requirements and met the “better off overall test.” The Commission found that the agreement provided fair and reasonable terms and conditions for the employees, taking into account the commercial realities of the employer. The Commission also found that the agreement was procedurally sound and did not contravene any provisions of the Act. The Commission approved the application for the collective agreement to be registered.

As a result, the Fair Work Commission approved the application for the collective agreement to be registered, ensuring that the terms and conditions were fair and reasonable and met the statutory requirements of the Fair Work Act 2009.

Airstep Australia 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