DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Allan Engineering T/A Allan Industries Pty Ltd
(AG2016/6641)

ALLAN ENGINEERING PTY LTD - WOOLWORTHS DISTRIBUTION CENTRE - ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 19 DECEMBER 2016

Application for approval of the Allan Engineering Pty Ltd - Woolworths Distribution Centre - Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Allan Engineering Pty Ltd - Woolworths Distribution Centre - 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 Allan Engineering T/A Allan Industries Pty Ltd. 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. 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.

[4] The Agreement was approved on 19 December 2016 and, in accordance with s.54, will operate from 26 December 2016. The nominal expiry date of the Agreement is 26 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Allan Engineering T/A Allan Industries Pty Ltd and the Australian Manufacturing Workers' Union. The dispute centred around the approval of the Allan Engineering Pty Ltd – Woolworths Distribution Centre – Enterprise Agreement 2016. The Fair Work Commission was tasked with determining whether to approve the enterprise agreement, which sought to govern the employment conditions for workers at the Woolworths Distribution Centre.

The primary legal issue before the Commission was whether the agreement met the criteria for approval under the Fair Work Act 2009. This required the Commission to assess whether the agreement covered the relevant employees, was made in good faith, and contained appropriate minimum terms and conditions. Additionally, the Commission needed to consider whether the agreement adequately provided for the rights and obligations of the parties, including any necessary protections for employees.

The Commission determined that the agreement met the criteria for approval. The agreement was found to cover all relevant employees, and the parties had engaged in good faith negotiations. The Commission noted that the agreement contained appropriate minimum terms and conditions and provided for the rights and obligations of the parties. The Commission also found that the agreement provided sufficient protections for employees, including provisions for dispute resolution and access to training and development opportunities. As a result, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Allan Engineering Pty Ltd – Woolworths Distribution Centre – Enterprise Agreement 2016, subject to certain conditions. The Commission found that the agreement met the criteria for approval under the Fair Work Act 2009 and provided appropriate protections for employees. The parties were required to comply with the approved agreement, and any disputes arising from the agreement could be referred to the Commission for resolution.

Allan Engineering T/A Allan Industries Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established