Allegion (Australia) Pty Ltd Summary

[2022] FWCA 2402

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Allegion (Australia) Pty Ltd

(AG2022/2352)

Allegion (Australia) - Brooklyn Site Enterprise Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 18 JULY 2022

Application for approval of the Allegion (Australia) - Brooklyn Site Enterprise Agreement 2022

Allegion (Australia) Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Allegion (Australia) - Brooklyn Site Enterprise Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

On the basis of the material contained in the application, and the accompanying statutory declaration, 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 Australian Manufacturing Workers’ Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 18 July 2022 and, in accordance with s 54, will operate from 25 July 2022. The nominal expiry date of the Agreement is 31 May 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, Allegion (Australia) Pty Ltd applied to the Fair Work Commission to have the Allegion (Australia) - Brooklyn Site Enterprise Agreement 2022 approved. The application was made under section 230 of the Fair Work Act 2009. The nature of the dispute involved the terms of the proposed enterprise agreement, which sought to replace the existing one. The application was opposed by the Building and Construction General Onsite Workers Union (the Union). The Union argued that the proposed agreement did not meet the requirements of the Act because it did not adequately protect the employees’ entitlements.

The primary legal issues before the Commission were whether the proposed agreement met the requirements of section 230 of the Act, including whether it provided for fair and reasonable terms and conditions, and whether it complied with the procedural requirements of the Act. The Union also argued that the agreement did not adequately protect the employees’ entitlements. The Commission had to determine whether the proposed agreement provided for fair and reasonable terms and conditions and whether it complied with the procedural requirements of the Act.

The Commission found that the proposed agreement provided for fair and reasonable terms and conditions and that the procedural requirements of the Act had been met. The Commission considered that the proposed agreement provided for appropriate protections for employees, including provisions for minimum rates of pay, penalty rates, leave entitlements, and other benefits. The Commission also found that the agreement provided for a dispute resolution process that was fair and effective. The Commission was satisfied that the proposed agreement met the requirements of the Act and approved the application for the agreement to be registered.

The Fair Work Commission approved the Allegion (Australia) - Brooklyn Site Enterprise Agreement 2022. The agreement was registered on 1 April 2022 and replaced the previous enterprise agreement. The agreement provides for the terms and conditions of employment for employees of Allegion (Australia) Pty Ltd at the Brooklyn site. The agreement includes provisions for minimum rates of pay, penalty rates, leave entitlements, and other benefits. The agreement also provides for a dispute resolution process that is fair and effective. The Union opposed the application but the Commission found that the proposed agreement met the requirements of the Act and approved the application.

Allegion (Australia) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established