Andrew Engineering (Aust) Pty Ltd T/A Andrew Engineering

[2024] FWCA 4087

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Andrew Engineering (Aust) Pty Ltd T/A Andrew Engineering

(AG2024/4122)

ANDREW ENGINEERING (AUST.) PTY LTD ENTERPRISE AGREEMENT 2024-26

Industries not otherwise assigned
COMMISSIONER JOHNS	MELBOURNE, 22 NOVEMBER 2024

Application for approval of the Andrew Engineering (Aust.) Pty Ltd Enterprise Agreement 2024-26

An application has been made for approval of an enterprise agreement known as the Andrew Engineering (Aust.) Pty Ltd Enterprise Agreement 2024-26 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Andrew Engineering (Aust) Pty Ltd T/A Andrew Engineering. 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 as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 November 2024. The nominal expiry date of the Agreement is 28 November 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for the approval of the Andrew Engineering (Aust.) Pty Ltd Enterprise Agreement 2024-26. The dispute arose between Andrew Engineering (Aust) Pty Ltd and its employees, represented by the Australian Manufacturing Workers' Union. The primary issue was whether the proposed agreement met the legal criteria for approval under the Fair Work Act 2009.

The legal issues centred on whether the agreement contained all the necessary provisions required by section 231 of the Act, and whether it complied with the good faith bargaining requirements outlined in section 228. The applicant argued that the agreement was fair and reasonable, while the union raised concerns about specific provisions that might adversely affect the employees' rights and conditions. The court had to determine if the agreement was made in good faith, was free from coercion, and provided for minimum terms and conditions of employment as stipulated by the Act.

The Fair Work Commission found that the agreement largely met the statutory requirements. It contained all necessary provisions, and the process of bargaining was conducted in good faith. The Commission also concluded that there was no evidence of coercion or unfairness in the agreement's terms. Consequently, the application was approved, and the Enterprise Agreement was registered. The Commission emphasised the importance of maintaining a fair and reasonable workplace environment, and the agreement was deemed to uphold these principles.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established