AMAPRO – W&B Pty Ltd - [2022] FWCA 2793

[2022] FWCA 2793

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

AMAPRO – W&B Pty Ltd

(AG2022/3277)

Amapro-W&B Pty Ltd Enterprise Agreement 2022

Manufacturing and associated industries
COMMISSIONER MCKINNON	SYDNEY, 18 AUGUST 2022

Application for approval of the Amapro-W&B Pty Ltd Enterprise Agreement 2022.

AMAPRO – W&B Pty Ltd has applied for approval of a single enterprise agreement known as the Amapro-W&B Pty Ltd Enterprise Agreement 2022 (the Agreement).

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 is approved and will operate from 25 August 2022. The nominal expiry date of the Agreement is 1 July 2025.

The Agreement covers the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU).

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision of AMAPRO – W&B Pty Ltd, the Fair Work Commission was tasked with determining whether to approve the proposed Enterprise Agreement between Amapro and W&B Pty Ltd for the year 2022. The agreement, which aimed to govern the employment terms of workers in the relevant sector, was subject to scrutiny to ensure it complied with statutory obligations and adhered to principles of fairness and reasonableness.

The central legal issues before the Commission centred on whether the terms of the proposed agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to examine whether the agreement was free from any prohibited content, provided for a safety net of minimum entitlements, and was genuinely negotiated between the parties. Additionally, the Commission needed to assess if the agreement contained terms that were fair and reasonable in all respects.

The Commission found that the proposed agreement was free from prohibited content and provided for a safety net of minimum entitlements. It further determined that the agreement was genuinely negotiated between the parties and contained terms that were fair and reasonable. The Commission was satisfied that the agreement met the statutory criteria for approval, and thus, the application for approval was granted. The final orders of the Commission included the approval of the Amapro-W&B Pty Ltd Enterprise Agreement 2022, which will now govern the employment conditions of the workers in the specified sector.

AMAPRO – W&B Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established