DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Albright & Wilson (Australia) Limited
(AG2019/2918)

ALBRIGHT & WILSON (AUSTRALIA) LIMITED (AWU) WETHERILL PARK ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 28 AUGUST 2019

Application for approval of the Albright & Wilson (Australia) Limited (AWU) Wetherill Park Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Albright & Wilson (Australia) Limited (AWU) Wetherill Park Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Albright & Wilson (Australia) Limited. The Agreement is a single enterprise agreement.

[2] 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.

[3] The The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties to this application are Albright & Wilson (Australia) Limited, the employer, and the Chemical Workers' Union, the union. The dispute centres around the approval of the Wetherill Park Enterprise Agreement 2019, which governs the employment conditions for workers at the Wetherill Park facility. The case was heard in the Fair Work Commission, the tribunal responsible for regulating enterprise agreements under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement met the statutory requirements for approval under the Fair Work Act. This involved examining whether the agreement was made in good faith, if it provided for fair and reasonable terms and conditions, and if the necessary procedural requirements were followed. Additionally, the court had to consider whether the agreement adequately protected the rights of employees and if it aligned with broader industrial objectives.

In its reasoning, the Commission determined that the agreement was made in good faith, evidenced by the negotiations between the parties. The terms and conditions of the agreement were deemed fair and reasonable, taking into account the economic context and the interests of both employees and the employer. The Commission confirmed that all procedural requirements were met, including the provision of necessary documentation and the opportunity for employee consultation. The court found that the agreement adequately safeguarded employees' rights and was consistent with the objectives of the Fair Work Act. Therefore, the Commission approved the application for the agreement.

The final orders of the Commission were to approve the Wetherill Park Enterprise Agreement 2019, effective from the date of the decision. The agreement was to be registered with the Fair Work Ombudsman and would apply to all employees covered by the agreement, subject to its terms and the applicable industrial instruments.

Albright & Wilson (Australia) Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established