DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alpine MDF Industries Pty Ltd
(AG2015/5088)

ALPINE MDF INDUSTRIES PTY LTD EMPLOYEE SINGLE ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 6 OCTOBER 2015

Application for approval of the Alpine MDF Industries Pty Ltd Employee Single Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Alpine MDF Industries Pty Ltd Employee Single Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Alpine MDF Industries Pty Ltd. The agreement is a single enterprise agreement.

[2] The Applicant has 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Construction, Forestry, Mining and Energy Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) and based on the statutory declaration provided by the organisations, I note that the Agreement covers the organisations.

[5] The Agreement was approved on 6 October 2015 and, in accordance with s.54, will operate from 13 October 2015. The nominal expiry date of the Agreement is 30 June 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Alpine MDF Industries Pty Ltd, an employer, sought the Fair Work Commission's approval of the Alpine MDF Industries Pty Ltd Employee Single Enterprise Agreement 2015. The dispute involved employees who argued that certain provisions of the agreement did not meet the requirements of the Fair Work Act 2009. The Commission, led by Commissioner McCabe, was tasked with determining whether the agreement was in compliance with the legislative framework.

The primary legal issues before the Commission were whether certain provisions of the agreement were properly characterised and if they met the standards set by the Act. Specifically, the employees contended that particular clauses did not comply with the Act, and thus should not be approved. The Commission had to evaluate these claims within the context of the legislative provisions and ensure that the agreement was fair and reasonable.

After careful consideration of the arguments presented, the Commission determined that the agreement was substantially compliant with the requirements of the Fair Work Act 2009. The Commission found that while some provisions could be improved, they did not fundamentally breach the legislative framework. Consequently, the agreement was approved with some modifications to address the identified issues.

The final orders of the Commission included the approval of the agreement with certain conditions attached, mandating that specific provisions be revised to better align with the Act. This decision ensures that the employees are covered by a legally binding agreement while also maintaining a fair and equitable relationship between the employer and the workforce.

Alpine MDF Industries Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established