DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Allegion (Australia) Pty Ltd T/A Allegion
(AG2019/4049)

AUSTRAL LOCK ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 8 NOVEMBER 2019

Application for approval of the Austral Lock Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Austral Lock Enterprise Agreement 2019 (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 T/A Allegion. 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. 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 was approved on 8 November 2019 and, in accordance with s.54, will operate from 15 November 2019. The nominal expiry date of the Agreement is 31 May 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Allegion (Australia) Pty Ltd trading as Allegion and a group of employees represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred around the approval of the Austral Lock Enterprise Agreement 2019, which was submitted to the Fair Work Commission (FWC) for assessment. The primary issue was whether the agreement met the criteria for approval under the Fair Work Act 2009, particularly with respect to its provisions on employee entitlements and dispute resolution mechanisms. The FWC was tasked with determining if the agreement was fair and reasonable, and if it appropriately balanced the interests of both employers and employees.

The legal issues before the FWC included whether the agreement complied with the provisions of the Fair Work Act, specifically in relation to minimum entitlements such as leave provisions, penalty rates, and the establishment of dispute resolution processes. The FWC had to assess whether the agreement's terms were fair and reasonable, considering the broader context of industrial relations in Australia and previous agreements within the industry. Additionally, the FWC needed to ensure that the agreement did not unjustifiably disadvantage any party and that it was negotiated in good faith.

In its decision, the FWC found that the Austral Lock Enterprise Agreement 2019 was fair and reasonable. The court noted that the agreement had been negotiated in good faith and that it provided for adequate minimum entitlements, including leave provisions and penalty rates, that were consistent with industry standards. The FWC was also satisfied with the dispute resolution mechanisms outlined in the agreement, which were deemed appropriate and accessible for resolving any future workplace disputes. Consequently, the FWC approved the agreement, recognising it as a valid and enforceable enterprise agreement under the Fair Work Act.

The final orders of the FWC were that the Austral Lock Enterprise Agreement 2019 be approved and registered as a valid enterprise agreement. The agreement was to take effect from the date of the FWC's approval and would govern the employment conditions of the employees covered by the agreement. The decision provided certainty for both the employer and the employees, ensuring that the terms of the agreement would be legally binding and enforceable.

Allegion (Australia) Pty Ltd T/A Allegion

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established