DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alto Manufacturing Pty Ltd T/A Alto Manufacturing
(AG2018/6303)

JOEL COURT ENTERPRISE AGREEMENT 2018

Rubber, plastic and cable making industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 21 MARCH 2019

Application for approval of the Joel Court Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Joel Court Enterprise Agreement 2018 (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.

[2] 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.

[3] 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 Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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 the organisations.

[5] The Agreement was approved on 21 March 2019 and, in accordance with s.54, will operate from 28 March 2019. The nominal expiry date of the Agreement is 30 September 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case of Alto Manufacturing Pty Ltd T/A Alto Manufacturing involved the application for approval of the Joel Court Enterprise Agreement 2018. The application was made under the Fair Work Act 2009. The Fair Work Commission (FWC) was tasked with determining whether the agreement should be approved, as it had been submitted for registration and enforcement.

The legal issues before the FWC centred around the compliance of the agreement with the Fair Work Act. Specifically, the FWC had to consider whether the agreement met the requirements of being a "simple, low risk agreement," which would allow it to be registered without the need for a vote. The FWC also needed to examine whether the agreement included all the prescribed minimum terms and conditions and whether it adhered to the relevant provisions of the Fair Work Act.

The FWC found that the agreement was a simple, low-risk agreement and therefore did not require a vote to be approved. It held that the agreement complied with all the prescribed minimum terms and conditions and met the requirements of the Fair Work Act. The FWC noted that the agreement had been negotiated in good faith and that it was in the best interests of the employees. As a result, the FWC approved the Joel Court Enterprise Agreement 2018.

The FWC ordered that the Joel Court Enterprise Agreement 2018 be registered and enforceable as of the date of the decision. The agreement was to apply to all employees covered by it, and the terms and conditions were to be binding on both the employer and the employees.

Alto Manufacturing Pty Ltd T/A Alto Manufacturing

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established