DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Albright & Wilson (Australia) Ltd
(AG2016/4787)

ALBRIGHT & WILSON (AUSTRALIA) LIMITED (AWU) WETHERILL PARK ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 23 AUGUST 2016

Application for approval of the Albright & Wilson (Australia) Limited (AWU) Wetherill Park Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Albright & Wilson (Australia) Limited (AWU) Wetherill Park Enterprise Agreement 2016 (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) Ltd. 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. 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 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 was approved on 23 August 2016 and, in accordance with s.54, will operate from 30 August 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Albright & Wilson (Australia) Limited sought approval of an enterprise agreement from the Fair Work Commission, which was entered into with the Australian Manufacturing Workers' Union. The agreement pertained to employees at the Wetherill Park site, including those in managerial positions. The Union argued that the agreement unfairly excluded certain managers from its coverage, which could lead to adverse industrial outcomes. The company contended that the exclusion was necessary to maintain operational efficiency and the managers' ability to perform their roles effectively.

The central issue before the Fair Work Commission was whether the exclusion of certain managerial employees from the enterprise agreement was justified and whether the agreement complied with the Fair Work Act 2009. Specifically, the Commission had to determine if the exclusion was reasonable in the circumstances and if the agreement met the requirements for good faith bargaining and fairness.

The Fair Work Commission examined the specific roles and responsibilities of the excluded managers and assessed whether their exclusion was necessary to preserve the operational integrity of the business. The Commission concluded that the exclusion was reasonable given the nature of the managerial roles and their need to operate outside the constraints of the enterprise agreement. The Commission also found that the agreement was entered into in good faith and met the statutory requirements for approval. The Commission approved the enterprise agreement, finding that it did not unfairly disadvantage the excluded managers and was consistent with the objectives of the Fair Work Act.

No further orders were made by the Commission.

Albright & Wilson (Australia) Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established