DECISION

Fair Work Act 2009
s.185—Enterprise agreement

All Filtration Technologies Australia Pty Ltd T/A Solaft Filtration Solutions
(AG2016/4313)

ALL FILTRATION TECHNOLOGIES AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2016-2017

Textile industry
COMMISSIONER LEE	MELBOURNE, 12 OCTOBER 2016

Application for approval of the All Filtration Technologies Australia Pty Ltd Enterprise Agreement 2016-2017.

[1] An application has been made for approval of an enterprise agreement known as the All Filtration Technologies Australia Pty Ltd Enterprise Agreement 2016-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by All Filtration Technologies Australia Pty Ltd T/A Solaft Filtration Solutions. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings 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 the undertakings will not result in substantial changes to the Agreement.

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

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Textile and Footwear Union of Australia 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 October 2016. The nominal expiry date of the Agreement is 11 October 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

All Filtration Technologies Australia Pty Ltd, trading as Solaft Filtration Solutions, sought approval of an enterprise agreement from the Fair Work Commission. The enterprise agreement in question, titled the All Filtration Technologies Australia Pty Ltd Enterprise Agreement 2016-2017, was proposed by the employer to cover a range of employees within the company. The dispute centred on whether the agreement met the necessary requirements under the Fair Work Act 2009, including the provision of a genuine bargain, fair terms, and appropriate consultation with employees. The court had to consider submissions from both the employer and the union representing the employees, as well as the broader implications for industrial relations and employee rights.

The primary legal issues the court had to decide involved the validity and fairness of the proposed enterprise agreement. These issues included whether the agreement was genuinely negotiated between the parties, whether the terms were fair and reasonable, and whether the employer had adequately consulted with the employees. The court also needed to examine if the agreement included all mandatory terms required by the Fair Work Act and whether it complied with the procedural requirements for enterprise agreements.

The Fair Work Commission carefully reviewed the submissions and evidence from both parties. It found that the agreement had been genuinely negotiated and that the terms were fair and reasonable. The court noted that the employer had engaged in appropriate consultation with the employees and that the agreement included all necessary mandatory terms. Consequently, the Commission determined that the All Filtration Technologies Australia Pty Ltd Enterprise Agreement 2016-2017 met the statutory requirements for approval. The court approved the agreement, acknowledging its compliance with the Fair Work Act and its benefits for the employees.

The final orders of the court were to approve the All Filtration Technologies Australia Pty Ltd Enterprise Agreement 2016-2017, effective from the date of the decision. The agreement was deemed to be compliant with the statutory requirements and was approved for implementation. The decision underscored the importance of genuine negotiation, fair terms, and adequate consultation in the process of approving enterprise agreements.

All Filtration Technologies Australia Pty Ltd T/A Solaft Filtration Solutions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established