Ameropa Australia Pty Ltd T/A Impact Fertilisers Pty Ltd

[2023] FWCA 1003

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ameropa Australia Pty Ltd T/A Impact Fertilisers Pty Ltd

(AG2023/572)

AMEROPA AUSTRALIA ENTERPRISE AGREEMENT 2022

Agricultural industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 5 APRIL 2023

Application for approval of the Ameropa Australia Enterprise Agreement 2022

An application has been made pursuant to s 185 of the Fair Work Act 2009 (the Act) for the approval of a single enterprise agreement known as the Ameropa Australia Enterprise Agreement 2022 (Agreement).

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.

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.

I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

· Clause 29 – Public Holidays; and
· Clause 33 – Termination.

However, noting clause 6 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union and the Australian Workers’ Union 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.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 12 April 2023. The nominal expiry date of the Agreement is 12 April 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application was brought by Ameropa Australia Pty Ltd, trading as Impact Fertilisers Pty Ltd, before the Fair Work Commission. The dispute centred on the approval of the Ameropa Australia Enterprise Agreement 2022, which had been negotiated between the company and its employees. The applicants sought to ensure that the agreement was fair and appropriate under the relevant industrial laws. The Fair Work Commission was tasked with assessing the fairness and compliance of the proposed agreement with the provisions of the Fair Work Act 2009.

The primary legal issues before the Commission involved whether the agreement met the criteria for fair terms and conditions of employment, as outlined in the Act. This included examining whether the agreement provided for appropriate rates of pay and conditions, including minimum wages, leave entitlements, and other employment standards. The Commission also had to determine whether the agreement was negotiated in good faith and whether it complied with procedural fairness requirements. Additionally, the Commission assessed whether the agreement was likely to lead to improved workplace relations and productivity.

The Fair Work Commission found that the Ameropa Australia Enterprise Agreement 2022 was fair and appropriate. The Commission noted that the agreement contained terms and conditions that were not less favourable than the relevant awards and provided for adequate rates of pay, leave entitlements, and other employment standards. The Commission was satisfied that the agreement had been negotiated in good faith and complied with procedural fairness. Furthermore, the Commission concluded that the agreement was likely to lead to improved workplace relations and productivity. Consequently, the Commission approved the application for the agreement's registration.

In approving the application, the Fair Work Commission ordered that the Ameropa Australia Enterprise Agreement 2022 be registered as a registered agreement under the Fair Work Act 2009. The agreement was to take effect from the date of registration and would apply to all employees covered by the agreement. The registration of the agreement was intended to provide certainty and stability in the workplace, ensuring that both the employer and employees were bound by the terms and conditions set out in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established