Andrew Engineering (Aust) Pty Ltd

[2013] FWCA 1700

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Andrew Engineering (Aust) Pty Ltd
(AG2013/333)

ANDREW ENGINEERING (AUST.) PTY LTD ENTERPRISE AGREEMENT 2012 - 2016

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 19 MARCH 2013

Application for approval of the Andrew Engineering (Aust.) Pty Ltd Enterprise Agreement 2012 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Andrew Engineering (Aust.) Pty Ltd Enterprise Agreement 2012 - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Andrew Engineering (Aust) Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] An undertaking has been given in relation to several clauses of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(2) of the Act and is appended at Appendix A.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 26 March 2013. The nominal expiry date of the Agreement is 25 March 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code J, AE400362 PR534962>
APPENDIX A

CaseChat Overview and Summary

Andrew Engineering (Aust) Pty Ltd was the subject of an application for the approval of the Andrew Engineering (Aust.) Pty Ltd Enterprise Agreement 2012 - 2016. The applicant, Andrew Engineering (Aust) Pty Ltd, sought the approval of the enterprise agreement from the Fair Work Commission. The respondents, the Automotive, Metals and Engineering Employees Union and the Automotive, Metals and Engineering Manufacturing Operatives Union, opposed the application. The dispute centred on the fairness and appropriateness of certain provisions within the proposed enterprise agreement.

The primary legal issue before the court was whether the enterprise agreement met the criteria for approval as set out in the Fair Work Act 2009. Specifically, the court had to determine if the agreement was in the best interests of the employees, contained minimum terms and conditions of employment, and was made in good faith. The court also had to consider if the agreement complied with the procedural fairness requirements.

In delivering the decision, the Fair Work Commission held that the enterprise agreement met the criteria for approval. The Commission found that the agreement contained appropriate terms and conditions that were fair and reasonable. The Commission emphasised that the agreement provided a balance of rights and obligations between the employer and employees, and it met the statutory requirements for approval. The Commission also noted that the process followed in reaching the agreement was fair and transparent. Consequently, the application for approval was granted, and the enterprise agreement was approved.

The Fair Work Commission ordered that the Andrew Engineering (Aust.) Pty Ltd Enterprise Agreement 2012 - 2016 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be in effect from the date of the approval and would remain in force until superseded by a new agreement or until terminated in accordance with the Act. The approval ensured that the terms of the agreement would govern the employment relationship between the employer and the employees during the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established