DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AMAPRO – W&B Pty Ltd
(AG2020/3599)

AMAPRO-W&B PTY LTD ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 24 DECEMBER 2020

Application for approval of the Amapro-W&B Pty Ltd Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Amapro-W&B Pty Ltd Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by AMAPRO – W&B Pty Ltd. The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, 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 Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 24 December 2020 and, in accordance with s.54, will operate from 31 December 2020. The nominal expiry date of the Agreement is 1 July 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Amapro – W&B Pty Ltd involved the Australian Manufacturing Workers' Union (AMWU) and Amapro – W&B Pty Ltd. The dispute centred around the approval of the Amapro-W&B Pty Ltd Enterprise Agreement 2020. The Fair Work Commission (FWC) was tasked with determining whether the agreement should be approved and registered under the Fair Work Act 2009.

The central legal issue was whether the Enterprise Agreement met the procedural and substantive requirements set forth in the Fair Work Act. Specifically, the FWC needed to assess whether the agreement was made in good faith, whether the parties had genuinely attempted to negotiate, and whether the agreement contained terms that were fair and reasonable. Additionally, the FWC had to consider whether the agreement complied with the minimum entitlements set out in the relevant awards and the National Employment Standards (NES).

The FWC found that the agreement was made in good faith and that the parties had genuinely attempted to negotiate. The commission also concluded that the terms of the agreement were fair and reasonable, taking into account the economic circumstances of the parties and the need to promote productivity, economic prosperity, and social inclusion. Furthermore, the FWC determined that the agreement met all minimum entitlements as prescribed by the relevant awards and the NES. As a result, the FWC approved the Amapro-W&B Pty Ltd Enterprise Agreement 2020 and ordered its registration.

This decision underscores the importance of ensuring that enterprise agreements are both procedurally and substantively compliant with the Fair Work Act, while also recognising the need for flexibility in negotiating terms that are fair and reasonable in the specific context of the parties involved. The approval of the agreement provides a framework for the relationship between the employer and employees, offering stability and clarity in the workplace.

AMAPRO – W&B 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