DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ANCA Pty Ltd
(AG2017/4257)

ANCA PTY LTD ENTERPRISE BARGAINING AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 1 DECEMBER 2017

Application for approval of the ANCA Pty Ltd Enterprise Bargaining Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the ANCA Pty Ltd Enterprise Bargaining Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ANCA Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 December 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

ANCA Pty Ltd was a party in an application before the Fair Work Commission, seeking approval of the ANCA Pty Ltd Enterprise Bargaining Agreement 2017. The dispute involved the terms of the proposed agreement and its compliance with relevant industrial laws and regulations. The Commission was tasked with determining whether the agreement met the necessary standards and was fair and reasonable for the employees it covered.

The legal issues before the Commission included whether the agreement provided for appropriate minimum wages and conditions, included necessary provisions for employee protections, and adhered to the statutory requirements under the Fair Work Act 2009. Additionally, the Commission had to consider if the agreement was made in good faith and whether it appropriately balanced the interests of both employers and employees.

The Commission found that the proposed agreement was fair and reasonable, met all statutory requirements, and was made in good faith. The agreement included provisions for minimum wages and conditions that aligned with the relevant industrial awards and provided adequate employee protections. The Commission approved the agreement, finding it to be appropriate for the employees it covered.

As a result of the approval, the ANCA Pty Ltd Enterprise Bargaining Agreement 2017 was authorised under the Fair Work Act 2009. This decision provides clarity and certainty for both ANCA Pty Ltd and its employees, ensuring that the terms of employment are governed by an agreement that has been independently assessed and approved by the Commission.

ANCA 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