DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ameropa Australia Pty Ltd
(AG2021/6380)

AMEROPA AUSTRALIA ENTERPRISE AGREEMENT 2021

Agricultural industry
COMMISSIONER LEE	MELBOURNE, 10 AUGUST 2021

Application for approval of the Ameropa Australia Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Ameropa Australia Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ameropa Australia Pty Ltd. 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. The undertakings are taken to be a term of 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.

[4] The Australian Workers’ Union 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 each 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 organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 August 2021. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Ameropa Australia Pty Ltd sought approval of the Ameropa Australia Enterprise Agreement 2021. The dispute arose under the Fair Work Act 2009 and was heard by the Fair Work Commission (FWC). The primary legal issues the FWC needed to decide were whether the agreement met the requirements for registration under the Act, particularly whether it complied with the Fair Work (Registered Organisations) Act 2009 provisions concerning the disclosure of relevant information and whether it contained provisions that were contrary to public policy.

The FWC examined the agreement's provisions and the process by which it was negotiated and agreed upon. It considered the disclosure requirements, the nature of the agreement's terms, and whether the agreement contained any provisions that were contrary to public policy, such as those that would unduly restrict employees' rights. After reviewing the evidence and submissions, the FWC determined that the agreement was fairly negotiated and met the statutory requirements for registration. The FWC found that the agreement did not contain provisions that were contrary to public policy and approved the Ameropa Australia Enterprise Agreement 2021. The court ordered that the agreement be registered with the Fair Work Ombudsman and that it would have effect from the date of the decision.

Ameropa Australia 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