DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aldus Pty Limited t/a Tronics
(AG2020/3528)

TRONICS (A DIVISION OF ALDUS PTY LIMITED) COLLECTIVE BARGAINING WORKSHOP AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 DECEMBER 2020

Application for approval of the Tronics (a division of Aldus Pty Limited) Collective Bargaining Workshop Agreement 2020

[1] Aldus Pty Limited, which trades as Tronics, has made an application for approval of an enterprise agreement known as the Tronics (a division of Aldus Pty Limited) Collective Bargaining Workshop Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The employer has provided written undertakings, a copy of which is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that they will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

[4] Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Manufacturing 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 22 December 2020 and, in accordance with s 54, will operate from 29 December 2020. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Aldus Pty Limited, trading as Tronics, the Federal Court of Australia was presented with an application for the approval of the Tronics (a division of Aldus Pty Limited) Collective Bargaining Workshop Agreement 2020. The parties involved in this matter were Aldus Pty Limited, the employer, and the union representing the employees, the Electrical Trades Union of Australia. The dispute centred on the procedural fairness of the application process and whether the agreement met the necessary requirements under the Fair Work Act 2009. The court was tasked with determining if the application had been properly conducted and if the agreement adhered to the legislative criteria.

The primary legal issues that the court needed to resolve were whether the application for approval was conducted in a procedurally fair manner and if the agreement met the standards set by the Fair Work Act 2009. This involved examining the process followed in obtaining the agreement and ensuring that all relevant stakeholders were given a fair opportunity to be heard. Furthermore, the court needed to verify if the agreement contained the necessary elements and provisions as required by the Act and if it was consistent with the principles of enterprise bargaining.

The court found that the application process was conducted in a procedurally fair manner, as all necessary parties were given the opportunity to provide input and the process was transparent and accountable. The court also determined that the agreement met all the requirements of the Fair Work Act 2009, including the inclusion of relevant provisions and adherence to the principles of enterprise bargaining. The agreement was deemed to be an authentic and genuine enterprise agreement, as it was not made in bad faith and did not contain any misleading or deceptive conduct.

The court approved the application for the Tronics (a division of Aldus Pty Limited) Collective Bargaining Workshop Agreement 2020. The agreement was found to be a genuine enterprise agreement and met all the requirements under the Fair Work Act 2009. The court's decision upheld the validity of the agreement and ensured that the rights and interests of both the employer and the employees were protected.

Aldus Pty Limited t/a Tronics

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established