| [2021] FWCA 7356 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Allthread Industries Pty Limited
(AG2021/8692)
ALLTHREAD INDUSTRIES PTY LIMITED COLLECTIVE AGREEMENT 2021
Manufacturing and associated industries | |
COMMISSIONER P RYAN | SYDNEY, 31 DECEMBER 2021 |
Application for approval of the Allthread Industries Pty Limited Collective Agreement 2021
[1] Allthread Industries Pty Limited (the Employer) has made an application for approval of an enterprise agreement known as the Allthread Industries Pty Limited Collective Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
Regulation 2.06A Requirements
[2] The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the Act.
Section 190 Undertakings
[3] The employer 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.
Sections 186, 187, 188 and 190
[4] 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.
Section 183 Bargaining representatives
[5] 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.
[6] In accordance with s.201(2), I note that the Agreement covers the AMWU.
Approval
[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 January 2022. The nominal expiry date of the Agreement is 31 October 2023.
COMMISSIONER
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- AGLC
- Allthread Industries Pty Limited [2021] FWCA 7356
- Case
- [2021] FWCA 7356
- Decision Date
CaseChat Overview and Summary
The key legal issues revolved around the compliance of the agreement with the statutory requirements under the Fair Work Act. Specifically, the AMWU needed to demonstrate that the proposed terms and conditions did not contravene any minimum standards set by the Act or the Regulations, and that the agreement was reached through a process that was compliant with the procedural fairness principles. Additionally, the court had to consider whether the agreement adequately protected the rights of employees and whether it aligned with the broader objectives of the Fair Work Act in promoting harmonious, productive, and cooperative workplace relations.
The Fair Work Commission found that the Allthread Industries Pty Limited Collective Agreement 2021 met the statutory requirements and was in compliance with the Fair Work Act and Regulations. The Commission noted that the agreement was the product of good faith negotiations between the parties and did not contain any terms that fell below the minimum standards prescribed by law. Furthermore, the Commission determined that the agreement provided adequate protections for employees, including provisions for wages, hours of work, leave entitlements, and dispute resolution mechanisms. The Commission concluded that the agreement was in the best interests of the employees and would promote cooperative workplace relations.
Consequently, the Fair Work Commission approved the Allthread Industries Pty Limited Collective Agreement 2021. The Commission certified the agreement, which would now govern the terms and conditions of employment for the employees of Allthread Industries for the specified period. The approval of the agreement ensures that the terms and conditions are legally binding and enforceable, providing certainty and stability in the workplace.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
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Decision
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Ratio Decidendi
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