DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alto Manufacturing Pty Ltd
(AG2015/7719)

JOEL COURT ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 14 JANUARY 2016

Application for approval of the Joel Court Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Joel Court 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 Alto Manufacturing 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] The rates of pay are not set out in the Agreement. The rates of pay have been provided by way of undertakings from the Applicant and have been approved by the bargaining representatives. I am prepared to accept the undertakings, however at the request of the parties, the undertakings relating to rates of pay will not be published with the decision.

[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.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the National Union of Workers, 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) I note that the Agreement covers these organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 January 2016. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Federal Circuit Court of Australia, Alto Manufacturing Pty Ltd applied for the approval of the Joel Court Enterprise Agreement 2015. The application was made pursuant to section 178 of the Fair Work Act 2009. The agreement, which had been negotiated between the company and its employees, was to govern the terms and conditions of employment for workers within the company. The dispute centred on whether the agreement complied with the statutory requirements and whether it provided for fair and reasonable terms and conditions.

The primary legal issue for the court was to determine if the agreement met the criteria for approval under the Fair Work Act. This involved examining whether the agreement contained the mandatory terms prescribed by the Act, whether it was free from any unfair content, and if it had been genuinely negotiated between the parties. The court had to consider the content of the agreement, the process by which it was negotiated, and whether it provided for terms and conditions that were fair and reasonable.

The court found that the Joel Court Enterprise Agreement 2015 met the statutory requirements for approval. The agreement included all mandatory terms as prescribed by the Fair Work Act and did not contain any unfair provisions. The court was satisfied that the agreement had been genuinely negotiated between the employer and the employees, with evidence supporting the negotiation process. Consequently, the court approved the agreement, finding it to be fair and reasonable for the employees covered by it.

The court's final order was to approve the Joel Court Enterprise Agreement 2015, effective from the date of the court's decision. This approval meant that the agreement would govern the employment conditions of the workers within Alto Manufacturing Pty Ltd, subject to the terms and conditions set out in the agreement.

Alto Manufacturing 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