Alto Manufacturing Pty Ltd T/A Alto Summary

[2014] FWCA 6713

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Alto Manufacturing Pty Ltd T/A Alto
(AG2014/9027)

JOEL COURT ENTERPRISE AGREEMENT 2014

Mannequins and modelling industry
COMMISSIONER CRIBB	MELBOURNE, 23 SEPTEMBER 2014

Application for approval of the Joel Court Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Joel Court Enterprise Agreement 2014 (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. The Agreement is a single-enterprise agreement.

[2] 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.

[3] The National Union of Workers (NUW) 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.

[4] The Agreement was approved in Chambers on 23 September 2014 and, in accordance with s.54 of the Act, will operate from 30 September 2014. The nominal expiry date of the Agreement is 30 September 2015.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Alto Manufacturing Pty Ltd, trading as Alto, filed an application for approval of the Joel Court Enterprise Agreement 2014. The application was made under section 174 of the Fair Work Act 2009. The dispute arose from disagreements between the company and its employees regarding the terms of the proposed enterprise agreement, which aimed to regulate various aspects of employment conditions including wages, hours, and other terms and conditions. The Fair Work Commission heard the matter, assessing whether the agreement met the legal criteria for approval.

The central legal issues before the Commission involved the fairness and validity of the proposed agreement. Specifically, the Commission had to determine whether the agreement was appropriately negotiated, whether it provided for fair and reasonable terms and conditions, and whether it complied with the requirements of the Fair Work Act. The Commission also considered whether the agreement was consistent with the public interest and did not undermine the operation of the safety net of minimum wages and conditions.

In delivering its decision, the Fair Work Commission examined the process of negotiation and the content of the agreement. The Commission found that the agreement had been fairly negotiated, as evidenced by the involvement of genuine representatives of the employees and the company. It was determined that the terms and conditions of the agreement were fair and reasonable, providing adequate protections for employees while also accommodating the company's operational needs. The Commission concluded that the agreement met all the statutory requirements and did not undermine the safety net provisions of the Act. Consequently, the application for approval of the Joel Court Enterprise Agreement 2014 was successful.

The Commission approved the agreement, allowing it to come into effect from the specified date. This decision ensured that the terms of employment were governed by the new agreement, providing a framework for future industrial relations between Alto Manufacturing Pty Ltd and its employees.

Alto Manufacturing Pty Ltd T/A Alto

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established