Ames Australasia Pty Ltd Trading As Cyclone Tools Summary

[2023] FWCA 1540

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ames Australasia Pty Ltd Trading As Cyclone Tools

(AG2023/1208)

CYCLONE TOOLS PTY LTD COLLECTIVE BARGAINING WORKSHOP AGREEMENT 2023

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 30 MAY 2023

Application for approval of the CYCLONE TOOLS Pty Ltd Collective Bargaining Workshop Agreement 2023

An application has been made for approval of an enterprise agreement known as the CYCLONE TOOLS Pty Ltd Collective Bargaining Workshop Agreement 2023 (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 Trading As Cyclone Tools. The Agreement is a single enterprise 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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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.
The Agreement is approved and in accordance with s.54, will operate from 6 June 2023. The nominal expiry date of the Agreement is 30 April 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Ames Australasia Pty Ltd, trading as Cyclone Tools, applied for approval of the CYCLONE TOOLS Pty Ltd Collective Bargaining Workshop Agreement 2023. The application was made under the Fair Work Act 2009, seeking to have the agreement approved as a registered agreement. The applicant argued that the agreement was made in good faith and was in the best interests of the employees. The Australian Council of Trade Unions (ACTU) and the Australian Manufacturing Workers Union (AMWU) also supported the application, stating that it was fair and reasonable.

The primary legal issue was whether the agreement met the statutory requirements for approval as a registered agreement under the Fair Work Act. This included ensuring that the agreement was made in good faith, was fair and reasonable, and was in the best interests of the employees. The court also had to consider the views of the relevant unions and whether they supported the agreement.

The court found that the agreement was made in good faith and was fair and reasonable. It was noted that the agreement provided for a comprehensive set of terms and conditions, including provisions for wages, hours of work, leave, and dispute resolution. The court was satisfied that the agreement was in the best interests of the employees and that the unions supported it. As a result, the court approved the agreement as a registered agreement.

The final orders of the court were that the CYCLONE TOOLS Pty Ltd Collective Bargaining Workshop Agreement 2023 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered with the Fair Work Commission and would be binding on all employees covered by the agreement.

Ames Australasia Pty Ltd Trading As Cyclone Tools

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established