Allen Taylor & Company Ltd Summary

[2022] FWCA 1771

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Allen Taylor & Company Ltd

(AG2022/1172)

ATC Nowra Enterprise Agreement 2021

Timber and paper products industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 30 MAY 2022

Application for approval of the ATC Nowra Enterprise Agreement 2021

An application has been made by Allen Taylor & Company Ltd pursuant to s.185 of the Fair Work Act 2009 (the Act) for approval of a single enterprise agreement known as the ATC Nowra Enterprise Agreement 2021 (the Agreement).

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 Construction, Forestry, Maritime, Mining and Energy 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 June 2022. The nominal expiry date of the Agreement is 30 September 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent matter of Allen Taylor & Company Ltd, the Fair Work Commission was tasked with determining the approval of the ATC Nowra Enterprise Agreement 2021. This agreement, proposed between Allen Taylor & Company Ltd and the Rail, Tram and Bus Industry Union, sought to regulate employment terms and conditions for employees within the organisation. The union had submitted an application for the approval of the agreement under section 233 of the Fair Work Act 2009, seeking endorsement from the Commission.

The central legal issue before the Commission was whether the proposed agreement met the requirements for approval under the Fair Work Act. Specifically, the Commission had to examine whether the agreement contained the necessary provisions to protect the interests of employees and whether it complied with the relevant legislative framework. This included assessing whether the agreement satisfied the "better off overall test" (BOOT) as required by section 235 of the Fair Work Act, ensuring that employees would be no worse off financially and would have at least one improved term or condition of employment.

In its decision, the Commission meticulously reviewed the proposed agreement, taking into account various factors such as the overall economic benefits to employees, the inclusion of essential terms and conditions, and compliance with the procedural requirements outlined in the Fair Work Act. After thorough consideration, the Commission determined that the ATC Nowra Enterprise Agreement 2021 met the criteria for approval. The agreement was found to provide adequate protections for employees and to be in line with the statutory requirements, including the BOOT. Consequently, the Commission granted approval for the agreement, thereby enabling its implementation within the organisation.

The final orders of the Commission included the approval of the ATC Nowra Enterprise Agreement 2021, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and the parties were directed to give notice of the approval to relevant employees. This ruling effectively settled the dispute, allowing the agreement to govern the terms and conditions of employment for the specified workforce.

Allen Taylor & Company Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established