DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ameropa Australia Pty Ltd T/A Impact Fertilisers Pty Ltd
(AG2019/2933)

AMEROPA AUSTRALIA ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 24 SEPTEMBER 2019

Application for approval of the Ameropa Australia Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Ameropa Australia Enterprise Agreement 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Ameropa Australia Pty Ltd T/A Impact Fertilisers Pty Ltd (Employer). 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.

[3] Subject to the undertakings, 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 undertakings are taken to be a term of the Agreement.

[4] The Australian Workers’ Union, and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act seeking to be covered by the Agreement. 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 1 October 2019. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Ameropa Australia Pty Ltd, trading as Impact Fertilisers Pty Ltd, applied to the Fair Work Commission for approval of the Ameropa Australia Enterprise Agreement 2018. The application was made by the employer, Ameropa Australia, under the Fair Work Act 2009. The agreement was intended to regulate the terms and conditions of employment for employees working in the fertiliser manufacturing sector across various locations in Australia.

The legal issues before the Commission involved verifying whether the agreement met the necessary criteria for approval under the Fair Work Act. This included ensuring the agreement was a genuine enterprise agreement, that it had been fairly negotiated, and that it did not contain terms that were less favourable than the applicable awards or the National Employment Standards. Additionally, the Commission examined whether the agreement adequately provided for the resolution of future disputes.

The Fair Work Commission, after considering the evidence and submissions from both parties, found that the Ameropa Australia Enterprise Agreement 2018 was a genuine enterprise agreement and had been fairly negotiated. The Commission also concluded that the agreement did not contain terms that were less favourable than the relevant awards or the National Employment Standards, and that it provided for the resolution of future disputes. Consequently, the Commission approved the agreement, and it is now legally binding on the parties. The approval ensures that the terms and conditions of employment for the employees are regulated by this enterprise agreement, providing a framework for their working conditions and dispute resolution mechanisms.

Ameropa Australia Pty Ltd T/A Impact Fertilisers 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