DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ames Australasia Pty Ltd T/A Cyclone Tools
(AG2020/3876)

AMES AUSTRALASIA PTY LTD - CYCLONE TOOLS (WONTHAGGI) COLLECTIVE BARGAINING WORKSHOP AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 20 JANUARY 2021

Application for approval of the AMES AUSTRALASIA PTY LTD – CYCLONE TOOLS (WONTHAGGI) Collective bargaining workshop Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the AMES AUSTRALASIA PTY LTD – CYCLONE TOOLS (WONTHAGGI) Collective bargaining workshop 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 Ames Australasia Pty Ltd (formerly Cyclone Tools Pty Ltd) T/A Cyclone Tools. 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 Notice of Employee Representational Rights contains extra information pertaining to specific representatives within the body of the document. Nevertheless, in the circumstances, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s.188(2)(a). Further, having regard to the content of the statutory declaration I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 January 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Ames Australasia Pty Ltd, trading as Cyclone Tools, and the Fair Work Commission. The company sought approval for a collective bargaining workshop agreement with its employees, covering the period from 2020. The nature of the dispute was focused on whether the agreement complied with the relevant legislative and regulatory framework. The matter was heard in the Fair Work Commission.

The legal issues before the Commission centred on whether the proposed collective agreement met the statutory requirements under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement complied with the good faith bargaining provisions, whether it adhered to the Fair Work (Registered Organisations) Act 2009, and if it was consistent with the broader objectives of the Fair Work Act. Additionally, the Commission examined whether the agreement contained terms and conditions that were fair and reasonable for both the employer and employees.

The Commission, after reviewing the evidence and arguments presented by both parties, concluded that the agreement was consistent with the statutory requirements. It found that the bargaining process was conducted in good faith and that the agreement contained terms and conditions that were fair and reasonable. The Commission approved the collective agreement, finding that it met the necessary legislative standards. The approval was granted with the understanding that the agreement would be subject to any relevant amendments or variations as required by law.

Ames Australasia Pty Ltd T/A Cyclone Tools

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established