Allegion (Australia) Pty Ltd T/A Allegion Summary

[2023] FWCA 2497

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Allegion (Australia) Pty Ltd T/A Allegion

(AG2023/2453)

ALLEGION (AUSTRALIA) PTY LTD - DC, LOCK ASSEMBLY & MERCHANDISING - ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
COMMISSIONER SPENCER	BRISBANE, 10 AUGUST 2023

Application for approval of the Allegion (Australia) Pty Ltd - DC, Lock Assembly & Merchandising - Enterprise Agreement 2023.

An application has been made for approval of an enterprise agreement known as the Allegion (Australia) Pty Ltd - DC, Lock Assembly & Merchandising - Enterprise Agreement 2023 (the Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (the Act). It has been made by Allegion (Australia) Pty Ltd T/A Allegion (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

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 section 183 of the Act that it wants the Agreement to cover it. In accordance with section 201(2) I note that the Agreement covers the AMWU.

The Notice of Employee Representational Rights (NERR) distributed to employees appears to have a different title clause to that on the final Agreement that was made. The Applicant provided further information that this change of Agreement title did not alter the coverage of the Agreement in any way, nor did it alter the workforce or employees proposed to be covered by the Agreement. Therefore, I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural departure from the prescribed form requirements of the NERR under section 174(1A) of the Act and that the employees covered by the Agreement were not likely to have been disadvantaged by this. Accordingly, I exercise the discretion conferred by section 188(2) of the Act.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 17 August 2023. The nominal expiry date of the Agreement is 17 August 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved Allegion (Australia) Pty Ltd trading as Allegion, who sought approval of an enterprise agreement with their employees. The application was made under the Fair Work Act 2009. The nature of the dispute centred around the terms and conditions of employment as outlined in the proposed agreement, and whether it met the statutory requirements for registration.

The legal issues that the court needed to address included whether the agreement had been made in accordance with the provisions of the Fair Work Act, whether the agreement contained the minimum terms and conditions as required by law, and if the process of developing the agreement was fair and compliant with the relevant industrial relations provisions. The court was also required to determine if the agreement was in the best interests of the employees and if it provided for appropriate mechanisms for dispute resolution.

The court, in considering the application, examined the process by which the agreement was developed and whether it involved genuine bargaining. It assessed the substantive terms of the agreement to ensure they met the minimum standards set out in the Fair Work Act. The court also considered the evidence presented regarding the views of the employees and whether there was sufficient support for the agreement. Upon reviewing the material, the court found that the agreement was made in accordance with the law, contained the required minimum terms, and was supported by the employees. The court approved the application and registered the enterprise agreement as compliant with the legislative requirements.

Allegion (Australia) Pty Ltd T/A Allegion

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established