DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alpine MDF Industries Pty Ltd
(AG2020/1162)

ALPINE MDF INDUSTRIES PTY LTD ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT CLANCY	MELBOURNE, 21 MAY 2020

Application for approval of the Alpine MDF Industries Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for the approval of an enterprise agreement known as the Alpine MDF Industries Pty Ltd Enterprise Agreement 2019 (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 Agreement does not cover all of the employees of Alpine MDF Industries Pty Ltd, however, taking into account the factors in s.186(3) and s.186(3A), I am satisfied that the group of employees was fairly chosen. I note that the group is unchanged from that which is covered by the enterprise agreement the Agreement will replace.

[3] I note that the statutory declarations received by way of a Form F17 from Alpine MDF Industries Pty Ltd and a Form F18 from the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) were signed, but not witnessed due to COVID-19 restrictions. I have determined to dispense with the requirement for statutory declarations to be witnessed pursuant to rule 6 of the Fair Work Commission Rules 2013.

[4] I note there is a National Employment Standards (NES) precedence clause at Clause 9A.1 of the Agreement to the effect that where there is an inconsistency between the Agreement and the NES, and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency. I am therefore satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] 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 and 188 as are relevant to this application for approval have been met.

[6] The AMWU, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Construction, Forestry, Maritime, 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 declarations provided by each of these organisations, I note that the Agreement covers these organisations.

[7] The Agreement was approved on 21 May 2020 and, in accordance with s.54, will operate from 28 May 2020. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Alpine MDF Industries Pty Ltd recently faced scrutiny in the Fair Work Commission regarding the approval of their 2019 Enterprise Agreement. The application for approval arose from a dispute over certain provisions within the agreement, which was intended to govern the employment terms and conditions of the company's workers. The legal issues before the commission involved whether the agreement met the necessary standards under the Fair Work Act 2009, specifically if it complied with the requirement for "better off overall test" and did not unfairly discriminate against employees.

The commission assessed the provisions of the agreement against statutory criteria, focusing on whether the proposed terms provided for a fair and reasonable outcome for employees compared to their previous conditions. The analysis included a detailed examination of wage rates, allowances, and other entitlements to determine if the agreement genuinely improved the employees' overall conditions. Additionally, the commission considered if the agreement adhered to the principle of no unfair discrimination, ensuring that it treated employees equitably and did not disadvantage any group of workers.

Upon review, the commission found that the agreement substantially met the statutory requirements. It was determined that the proposed changes provided employees with improved terms and conditions, effectively satisfying the better off overall test. Furthermore, the commission concluded that the agreement did not unfairly discriminate against any employee group, thus upholding the principle of fairness. Consequently, the commission approved the 2019 Enterprise Agreement, allowing it to come into effect as per its terms.

Alpine MDF Industries Pty Ltd

DECISION

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