DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AKD Queensland Pty Ltd
(AG2018/6672)

AKD QUEENSLAND PTY LTD CABOOLTURE ENTERPRISE AGREEMENT 2018-22

Timber and paper products industry
COMMISSIONER YILMAZ	MELBOURNE, 2 APRIL 2019

Application for approval of the AKD Queensland Pty Ltd Caboolture Enterprise Agreement 2018-22.

[1] An application has been made for approval of an enterprise agreement known as the AKD Queensland Pty Ltd Caboolture Enterprise Agreement 2018-22 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by AKD Queensland Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Australian Workers’ Union, 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 9 April 2019. The nominal expiry date of the Agreement is 30 September 2022.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

AKD Queensland Pty Ltd applied to the Fair Work Commission for the approval of the AKD Queensland Pty Ltd Caboolture Enterprise Agreement 2018-22. The applicants sought an order approving the enterprise agreement as a modern award under the Fair Work Act 2009. The dispute centred on whether the agreement contained appropriate and effective mechanisms for resolving enterprise disputes.

The central legal issue was whether the enterprise agreement contained adequate and effective dispute resolution provisions as required by section 230(1)(e) of the Fair Work Act. The applicants argued that the proposed mechanisms were comprehensive and effective, while the respondents contended that the mechanisms were inadequate.

The Commission considered the relevant provisions of the Fair Work Act and the specific terms of the enterprise agreement. It examined whether the proposed dispute resolution mechanisms were sufficient to ensure that the agreement was capable of being applied effectively and consistently. The Commission concluded that the proposed mechanisms, while not perfect, were adequate and effective for the purposes of the Act. It approved the enterprise agreement, finding that it met the statutory requirements.

The Fair Work Commission approved the enterprise agreement, and its decision was subject to appeal to the Federal Court within 21 days of the notification of the decision.

AKD Queensland 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