ANCA Pty Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union

[2009] FWA 223

[2009] FWA 223

FAIR WORK AUSTRALIA

DECISION

Workplace Relations Act 1996
cl.2A(1)(b) Sch. 7—Certified agreement

ANCA Pty Ltd
v
Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union
(AG2009/11886)

ANCA PTY LTD ENTERPRISE AGREEMENT 2006
(AG2006/3676) [AG848763]

Metal industry
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 4 SEPTEMBER 2009

Application to vary/extend the pre reform agreement.

[1] On 19 August 2009, ANCA Pty Ltd made application under clause 2A of Schedule 7 of the Workplace Relations Act 1996 (the WR Act) for the variation and extension of a pre-reform agreement – the ANCA Pty Ltd Enterprise Agreement 2006 (the 2006 agreement). The variation and extension was supported by the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU), an organisation bound by the 2006 agreement.

[2] The WR Act was repealed on 1 July 2009, upon the operation of the Fair Work Act 2009 (the FWA). Schedule 3, Part 3, clause 13 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 provides that clause 2A of Schedule 7 to the WR Act continues to apply to pre-reform certified agreements as if references to the Commission were instead references to Fair Work Australia (although applications under clause 2A cannot be made after 31 December 2009). Accordingly, the current application must be dealt with by Fair Work Australia in accordance with clause 2A of Schedule 7 of the WR Act.

[3] A copy of the written agreement signed by Ms Dina Pratt for ANCA Pty Ltd and Mr Gary Robb for the AMWU and a Statutory Declaration by Mr Robb were filed with the application made by Ms Pratt. I have relied on all of that material in determining whether the 2006 agreement should be extended and varied. The parties also provided a schedule of wage rates under the amended 2006 agreement.

[4] The parties agree to extend the agreement until 30 June 2011, which falls within the three year period from the date of approval permitted by clause 2A(3) of Schedule 7 of the WR Act.

[5] On the basis of the material filed with the application, I am satisfied that:

• all parties bound by the agreement genuinely agree to the extension and variation;



• a valid majority of the employees agree to the extension and variation; and



• none of the parties have:



• organised or engaged in, or threatened to organise or engage in, industrial action in relation to another party to the agreement; or



• applied for a protected action ballot under s.451 of the WR Act in relation to proposed industrial action.

[6] Following a consideration of the terms and conditions within the agreement, as amended, I am also satisfied that the agreement as varied would not result, on balance, in a reduction in the overall terms and conditions of employment of the employees bound by the agreement under any relevant award of law. In this context, it may be noted that the variations involve more favourable terms and conditions than those in the current agreement.

[7] Given my satisfaction as to each of those matters, I approve the variation and extension of the agreement, as sought by the parties. The variation and extension will have effect from 4 September 2009, as reflected in the order (AG848763  PR989076).

SENIOR DEPUTY PRESIDENT

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<Price code A, AG848763  PR989075 >