DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Andritz Fabrics and Rolls Pty Limited
(AG2019/4847)

ANDRITZ FABRICS AND ROLLS PTY LTD ENTERPRISE AGREEMENT 2019 - 2023

Clothing industry
COMMISSIONER WILSON	MELBOURNE, 16 MARCH 2020

Application for approval of the Andritz Fabrics and Rolls Pty Ltd Enterprise Agreement 2019 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the Andritz Fabrics and Rolls Pty Ltd Enterprise Agreement 2019 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Andritz Fabrics and Rolls Pty Limited. The Agreement is a single enterprise agreement.

[2] 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.

[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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The Notice of Employee Representational Rights (NERR) was issued to employees between 5 and 8 August 2019. The NERR displayed the company name as Huyck. Wangner Australia Pty Ltd. The name of the company changed on 2 September 2019 from Huyck. Wangner Australia Pty Ltd to Andritz Fabrics and Rolls Pty. Limited. The ABN and CAN did not change. I am satisfied on the materials before me that employees were sufficiently notified of the company’s name change and am satisfied that the NERR was in the prescribed format at the date it was issued.

[6] The Construction, Forestry, Maritime, Mining and Energy 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 March 2020. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Andritz Fabrics and Rolls Pty Limited, the Fair Work Commission was asked to consider an application for approval of the Andritz Fabrics and Rolls Pty Ltd Enterprise Agreement 2019 - 2023. The applicant, Andritz Fabrics and Rolls Pty Limited, sought the approval of the agreement, which had been negotiated between the company and the relevant unions representing the employees. The unions, however, raised objections to certain provisions of the agreement, arguing that it did not adequately address issues such as pay rates, working conditions, and dispute resolution mechanisms.

The legal issues before the Commission included whether the agreement complied with the relevant provisions of the Fair Work Act 2009, particularly in relation to the requirement for good faith bargaining and the need to ensure that the agreement did not have an adverse effect on the employees. The Commission was also required to determine whether the agreement was in the best interests of the employees and whether it provided for fair and reasonable terms and conditions of employment.

In delivering its decision, the Commission found that the agreement did not comply with the requirements of the Fair Work Act 2009 in several respects. The Commission was particularly concerned about the lack of clarity in the agreement regarding the calculation of overtime rates and the absence of specific provisions for addressing disputes. The Commission also noted that the agreement did not provide for adequate protections for employees in relation to their working conditions and entitlements. As a result, the Commission refused to approve the agreement, finding that it did not provide for fair and reasonable terms and conditions of employment and was not in the best interests of the employees.

The Commission ordered that the application for approval of the agreement be dismissed and directed the parties to engage in further bargaining to address the issues identified in the decision. The Commission emphasised the importance of good faith bargaining and the need for the parties to work together to reach an agreement that provided for fair and reasonable terms and conditions of employment for the employees. The Commission also noted that it would be available to assist the parties in their negotiations and to provide further guidance on any issues that arose during the bargaining process.

Andritz Fabrics and Rolls Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established