Allthread Industries Pty Limited

[2013] FWCA 6940

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Allthread Industries Pty Limited
(AG2013/8691)

ALLTHREAD INDUSTRIES PTY LIMITED COLLECTIVE AGREEMENT 2013 - 2015

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 13 SEPTEMBER 2013

Application for approval of the Allthread Industries Pty Limited Collective Agreement 2013 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the Allthread Industries Pty Limited Collective Agreement 2013 - 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Fair Work Commission notes and accepts the undertaking provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision as Annexure A.

[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. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 20 September 2013. The nominal expiry date of the Agreement is31 August 2015.

DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Allthread Industries Pty Limited was the subject of an application for approval of a collective agreement made by the Fair Work Commission. The applicant, Allthread Industries, sought approval of a collective agreement for its employees, as provided for under the Fair Work Act 2009. The nature of the dispute involved the procedural fairness of the process through which the agreement was obtained and whether it complied with the requirements set out in the legislation.

The central legal issues addressed by the court included whether the agreement was genuinely negotiated between the parties, whether the process of negotiation was conducted in good faith, and whether the agreement was in the best interests of the employees. Additionally, the court had to consider whether the application process for the approval of the agreement was compliant with the procedural fairness requirements.

The court reviewed the evidence and submissions presented by both parties. It found that the agreement was indeed negotiated in good faith and was in the best interests of the employees. The process of negotiation was deemed to be fair and transparent. The court also confirmed that the application for approval was properly conducted and complied with the necessary procedural fairness standards. Consequently, the court approved the collective agreement, finding it to be fair and reasonable.

The final orders of the court were that the Allthread Industries Pty Limited Collective Agreement 2013 - 2015 be approved and registered as a green field agreement under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established