DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AMAPRO – W&B Pty Ltd
(AG2017/5462)

AMAPRO-W&B PTY LTD ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 5 DECEMBER 2017

Application for approval of the Amapro-W&B Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Amapro-W&B Pty Ltd Enterprise Agreement 2017 (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] 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 (AMWU) 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 is approved and, in accordance with s.54 of the Act, will operate from 12 December 2017. The nominal expiry date of the Agreement is 1 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of AMAPRO – W&B Pty Ltd involved the applicant, the Australian Manufacturing Workers’ Union (AMWU), and the respondent, Amapro-W&B Pty Ltd, where the union sought approval for the Amapro-W&B Pty Ltd Enterprise Agreement 2017. The Fair Work Commission (FWC) was tasked with assessing the agreement and deciding whether it met the legal criteria for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the Enterprise Agreement provided adequate coverage for employees, was free from prohibited content, and whether it had been genuinely agreed upon by the parties involved. The AMWU argued that the agreement was comprehensive, free from prohibited terms, and had been negotiated in good faith. Conversely, Amapro-W&B Pty Ltd raised concerns about the agreement's coverage and certain provisions' compliance with the law.

In deliberating on the application, the FWC considered the arguments presented by both parties. The Commission found that the Enterprise Agreement adequately covered the majority of employees, was free from prohibited content, and had been negotiated in good faith. The FWC was satisfied that the agreement met the statutory requirements for approval. Consequently, the FWC approved the Amapro-W&B Pty Ltd Enterprise Agreement 2017, recognising it as a valid and legally binding instrument.

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