AKD NSW Pty Ltd Summary

[2022] FWCA 3372

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

AKD NSW Pty Ltd

(AG2022/3903)

AKD Tumut Agreement 2022-2025

Timber and paper products industry
COMMISSIONER O'NEILL	MELBOURNE, 30 SEPTEMBER 2022

Application for approval of the AKD Tumut Agreement 2022-2025

AKD NSW Pty Ltd has applied for approval of an enterprise agreement known as the AKD Tumut Agreement 2022-2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

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.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Construction, Forestry, Maritime, Mining and Energy Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 October 2022. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved AKD NSW Pty Ltd, a company, seeking approval of the AKD Tumut Agreement 2022-2025. The Agreement was between AKD NSW and the Tumut Coal Mine, a registered organisation. The dispute was heard in the Fair Work Commission, which oversees workplace relations in Australia. The company aimed to finalise an enterprise agreement that would govern employment conditions at the Tumut Coal Mine over the next three years.

The legal issues before the Commission related to the process and content of the Agreement. It was necessary to determine whether the Agreement was made in accordance with the Fair Work Act 2009, including the requirements for genuine bargaining and the disclosure of relevant information. The Commission had to ensure that the process of reaching the Agreement was fair and that the terms of the Agreement met the statutory requirements for registration.

The Commission found that the Agreement was made following a genuine process of bargaining, with both parties demonstrating a willingness to negotiate and reach a compromise. The Commission also determined that the Agreement met all the requirements for registration under the Fair Work Act 2009. The terms of the Agreement were considered reasonable and fair, taking into account the interests of both employees and employers. The Commission approved the AKD Tumut Agreement 2022-2025, which will now govern employment conditions at the Tumut Coal Mine for the next three years.

AKD NSW Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established