Albright and Wilson (Australia) Limited Summary

[2013] FWCA 6580

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Albright and Wilson (Australia) Limited
(AG2013/2309)

ALBRIGHT & WILSON (AUSTRALIA) LIMITED (AWU) WETHERILL PARK ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 5 SEPTEMBER 2013

Application for approval of the Albright & Wilson (Australia) Limited (AWU) Wetherill Park Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Albright & Wilson (Australia) Limited (AWU) Wetherill Park Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Albright and Wilson (Australia) Limited. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Australian Workers’ Union, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 12 September 2013. The nominal expiry date of the Agreement is 30 June 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Albright and Wilson (Australia) Limited (AWU) sought approval of the Wetherill Park Enterprise Agreement 2013 from the Fair Work Commission (FWC). The application was brought under section 231 of the Fair Work Act 2009 (Cth). The parties involved in the dispute were AWU and its employees, represented by the Manufacturing and Associated Workers and Building Workers Industrial Union (MAWBIU). The primary dispute was over the terms and conditions of employment outlined in the proposed agreement.

The legal issues before the FWC included whether the agreement met the requirements of the Fair Work Act 2009, particularly sections 231 and 232, which relate to the approval of enterprise agreements. The FWC also had to determine if the agreement was fair and reasonable, as required by section 232(3) of the Act. Key points of contention were the proposed changes to wages, conditions of employment, and the method for resolving disputes.

The FWC examined the proposed agreement's compliance with the Fair Work Act and found that it substantially met the legislative criteria. The FWC noted that the agreement provided for minimum entitlements and did not disadvantage employees. The union representatives argued that certain clauses were not in the best interests of the employees, but the FWC determined that the overall agreement was fair and reasonable. The FWC approved the application, and the Wetherill Park Enterprise Agreement 2013 was registered.

The FWC's final order was that the Wetherill Park Enterprise Agreement 2013 be approved and registered under section 231 of the Fair Work Act 2009. The agreement was to come into effect on 1st July 2013, with the terms governing the employment conditions of the AWU employees at the Wetherill Park site.

Albright and Wilson (Australia) Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established