DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Allegion (Australia) Pty Ltd
(AG2020/3531)

ALLEGION (AUSTRALIA) PTY LTD - BLACKBURN SITE - ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 15 DECEMBER 2020

Application for approval of the Allegion (Australia) Pty Ltd - Blackburn Site - Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Allegion (Australia) Pty Ltd - Blackburn Site - Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Allegion (Australia) Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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] 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 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

Allegion (Australia) Pty Ltd applied to the Fair Work Commission for approval of a proposed enterprise agreement. The applicants are the employer, while the respondents are the employees' representatives. The dispute revolves around the fairness and compliance of the proposed enterprise agreement under the Fair Work Act 2009. The Fair Work Commission heard the application and examined whether the proposed agreement met the necessary criteria for approval, including that it provided for the direct disapplication of a provision of a law, did not prejudiciously affect employees, and was made in good faith.

The legal issues before the Commission included whether the proposed agreement met the requirements for direct disapplication of a provision of a law, whether it contained any terms that would have a prejudicial effect on employees, and whether the agreement was made in good faith. The Commission considered the provisions of the Fair Work Act, including sections 232 and 233, and evaluated the proposed agreement against these legislative standards. The Commission also took into account submissions from both parties and any relevant precedents.

After careful consideration, the Commission found that the proposed enterprise agreement was fair and met all the necessary criteria for approval. The Commission determined that the agreement did not contain any terms that would have a prejudicial effect on employees and was made in good faith. The Commission also found that the proposed agreement met the requirements for direct disapplication of a provision of a law. Therefore, the Commission approved the proposed enterprise agreement, and it will come into effect as per the terms outlined in the document.

The Fair Work Commission approved the proposed enterprise agreement and directed that it be registered. The agreement will be binding on the parties from the date of registration, and the terms and conditions outlined within it will govern the employment relationship between the employer and the employees. The Commission's decision ensures that the agreement is fair, complies with the Fair Work Act, and is made in good faith, protecting the rights and interests of both the employer and employees.

Allegion (Australia) 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