Alimak Group Australia Pty Ltd

[2021] FWCA 6247

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alimak Group Australia Pty Ltd
(AG2021/6571)

ALIMAK GROUP AUSTRALIA PTY LTD ENGINEERING AND MANUFACTURING EMPLOYEES COLLECTIVE AGREEMENT 22021-2025 (WORKSHOPS)

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 13 OCTOBER 2021

Application for approval of the Alimak Group Australia Pty Ltd Engineering and Manufacturing Employees Collective Agreement 22021-2025 (Workshops)

[1] An application has been made for approval of an enterprise agreement known as the Alimak Group Australia Pty Ltd Engineering and Manufacturing Employees Collective Agreement 22021-2025 (Workshops) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Alimak Group Australia Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[4] The Agreement does not contain a model flexibility term compliant with the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be terms of the Agreement.

[5] Noting the Undertaking provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved. Despite clause 2.1, the Agreement will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Alimak Group Australia Pty Ltd, sought approval of the Engineering and Manufacturing Employees Collective Agreement 2021-2025 (Workshops) from the Fair Work Commission. The dispute arose from the process of approving a new enterprise agreement, which was intended to govern the terms and conditions of employment for engineering and manufacturing employees within the applicant's workshops. The Commission was required to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission included whether the agreement had been made in accordance with the procedural fairness requirements and whether it contained the necessary provisions to be considered a protected action. The applicant needed to demonstrate that the agreement was made without coercion, duress, or any other unfair labour practice, and that it contained minimum terms as prescribed by the Act. Additionally, the Commission considered whether the agreement adequately provided for the resolution of future disputes between the parties.

In assessing the application, the Commission examined the process by which the agreement was negotiated and whether it was made in good faith. The Commission also evaluated the content of the agreement to ensure it complied with the mandatory minimum terms outlined in the Fair Work Act. After reviewing the evidence presented, the Commission concluded that the agreement had been made in accordance with the required procedural fairness and contained the necessary minimum terms. Therefore, the application for approval was successful.

Consequently, the Fair Work Commission approved the Engineering and Manufacturing Employees Collective Agreement 2021-2025 (Workshops) under the Fair Work Act. The agreement now governs the employment terms and conditions for engineering and manufacturing employees within the applicant's workshops, effective from the date of approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established