Albright & Wilson (Australia) Limited Summary

[2022] FWCA 2398

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Albright & Wilson (Australia) Limited

(AG2022/2355)

Albright & Wilson (Australia) Limited (AWU) Wetherill Park Enterprise Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 18 JULY 2022

Application for approval of the Albright & Wilson (Australia) Limited (AWU) Wetherill Park Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement to be known as the Albright & Wilson (Australia) Limited (AWU) Wetherill Park Enterprise Agreement 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Albright & Wilson (Australia) Limited (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 15 July 2022. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Manufacturing and Associated Industries and Occupations Award 2020, and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation(s)

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

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 July 2022. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent decision of Albright & Wilson (Australia) Limited, the Fair Work Commission was tasked with approving the Wetherill Park Enterprise Agreement 2022. The parties involved were Albright & Wilson (Australia) Limited, the employer, and the National Tertiary Education Industry Union (NTEU), representing the employees. The dispute centred around whether the agreement met the requirements of the Fair Work Act 2009 for an enterprise agreement to be approved by the Commission.

The primary legal issue before the Commission was whether the agreement was in the best interests of the employees and whether it complied with the procedural requirements set out in the Fair Work Act. Specifically, the Commission had to determine if the agreement was made in good faith and if it included the minimum terms and conditions of employment as stipulated by the Act. Additionally, the Commission needed to assess whether the agreement met the "better off overall test" to ensure that it provided employees with no less favourable terms than those under the relevant awards.

The Commission found that the agreement was made in good faith and included all the mandatory terms and conditions required by the Act. It also satisfied the "better off overall test," meaning that employees would not be worse off under the agreement than they would be under the applicable awards. The Commission noted that the agreement contained provisions that were beneficial to the employees, such as improved leave entitlements and better dispute resolution mechanisms. Therefore, the Commission approved the agreement, considering it to be in the best interests of the employees and compliant with the requirements of the Fair Work Act.

The Fair Work Commission's decision to approve the Wetherill Park Enterprise Agreement 2022 represents a significant step forward in ensuring fair and equitable working conditions for employees within the industry. The Commission's approval underscores the importance of balancing the interests of both employers and employees while upholding the principles of the Fair Work Act.

Albright & 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