Alto Manufacturing Pty Ltd T/A Alto Manufacturing

[2023] FWCA 250

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Alto Manufacturing Pty Ltd T/A Alto Manufacturing

(AG2022/5358)

JOEL COURT ENTERPRISE AGREEMENT 2022

Manufacturing and associated industries
COMMISSIONER JOHNS	MELBOURNE, 24 JANUARY 2023

Application for approval of the Joel Court Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Joel Court Enterprise Agreement 2022 (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 T/A Alto Manufacturing. The Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the agreement.

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.

The United Workers’ Union and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 January 2023. The nominal expiry date of the Agreement is 30 September 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Alto Manufacturing Pty Ltd, trading as Alto Manufacturing, applied for approval of the Joel Court Enterprise Agreement 2022. The dispute centred around the terms of the proposed agreement which the company sought to implement as a binding industrial instrument. The application was heard by the Fair Work Commission.

The primary legal issue before the Commission was whether the agreement complied with the requirements set forth in the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the procedural and substantive fairness tests. The procedural test required the Commission to ensure that the agreement was made in good faith, and the substantive test mandated that the agreement be fit for the purpose of a safety net award.

The Commission found that the agreement was procedurally valid, as it was made in good faith and followed the necessary processes. It also found the agreement to be substantively fair, as it provided appropriate protections for employees and did not undermine the safety net provided by the relevant award. Consequently, the Commission approved the Joel Court Enterprise Agreement 2022, finding that it met all the statutory requirements.

The Commission's decision concluded that the agreement should be approved and registered, making it a binding industrial instrument. This outcome allows Alto Manufacturing to implement the terms of the agreement, subject to any further legal challenges that might be raised by the employees or other parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established