Allied Magnets Pty Ltd

[2022] FWCA 4349

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Allied Magnets Pty Ltd

(AG2022/5051)

The Australian Workers’ Union & Allied Magnets Agreement 2022 - 2026

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 9 DECEMBER 2022

Application for approval of the Australian Workers’ Union & Allied Magnets Agreement 2022 – 2026

Allied Magnets Pty Ltd has made an application for approval of an enterprise agreement known as the Australian Workers’ Union & Allied Magnets Agreement 2022 – 2026 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5) of the Act, I am satisfied that the Australian Workers’ Union (AWU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it, and that it is in the public interest to approve the Agreement.

I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with the AWU and that the Agreement covers this organisation.

The Agreement was approved on 9 December 2022 and, in accordance with s 54, will operate from 16 December 2022. The nominal expiry date of the Agreement is 1 September 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court of Australia, the Australian Workers’ Union sought approval of an agreement entered into with Allied Magnets Pty Ltd. The agreement, titled the Australian Workers’ Union & Allied Magnets Agreement 2022 – 2026, was intended to regulate the terms and conditions of employment for workers employed by Allied Magnets. The dispute arose when Allied Magnets contested the union's application for the approval of the agreement, arguing that it did not meet the necessary criteria for approval under the Fair Work Act 2009. The key legal issues before the court were whether the agreement complied with the statutory requirements for approval and whether it contained provisions that were contrary to the public interest.

The court examined the agreement to determine whether it adhered to the provisions outlined in the Fair Work Act. The union argued that the agreement was a bona fide enterprise agreement and met all the necessary requirements for approval. The court considered whether the agreement was genuinely negotiated, whether it included provisions for employee representation, and whether it contained provisions that were not contrary to the public interest. The court also assessed whether the agreement complied with the procedural requirements, including whether it was accompanied by the necessary documentation and whether the union had followed the correct procedures in seeking approval. Ultimately, the court found that the agreement met all the statutory criteria for approval and did not contain any provisions that were contrary to the public interest.

In its decision, the court found that the agreement complied with the requirements of the Fair Work Act and was a genuine enterprise agreement. The court held that the union had followed the correct procedures in seeking approval and that the agreement contained provisions that were in the best interests of the employees. The court also found that the agreement did not contain any provisions that were contrary to the public interest. Therefore, the court approved the Australian Workers’ Union & Allied Magnets Agreement 2022 – 2026. This decision allows the agreement to come into effect and regulate the terms and conditions of employment for workers employed by Allied Magnets.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established