Animal Carpentry Pty Ltd

[2023] FWCA 296

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Animal Carpentry Pty Ltd

(AG2022/5506)

ANIMAL CARPENTRY PTY LTD ENTERPRISE AGREEMENT 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 31 JANUARY 2023

Application for approval of the Animal Carpentry Pty Ltd Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Animal Carpentry Pty Ltd Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Animal Carpentry Pty Ltd. 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 7 February 2023. The nominal expiry date of the Agreement is 7 February 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Animal Carpentry Pty Ltd applied to the Fair Work Commission for approval of the Animal Carpentry Pty Ltd Enterprise Agreement 2022. The application was made under section 232 of the Fair Work Act 2009. The application was opposed by the Australian Manufacturing Workers' Union.

The central legal issue was whether the agreement met the requirements of section 231 of the Fair Work Act 2009. This section sets out the criteria for an enterprise agreement to be approved by the Commission. Specifically, the applicant needed to demonstrate that the agreement was in the public interest and provided for a fair and efficient workplace. The union argued that the agreement did not meet these criteria.

The Commission found that the agreement did meet the criteria for approval. It was in the public interest as it provided for a fair and efficient workplace. The agreement provided for a pay increase, as well as improvements to working conditions. The agreement also provided for a dispute resolution process, which was in the public interest. The Commission noted that the agreement was the result of good faith negotiations between the parties and that it provided for a fair outcome for both parties. The Commission approved the agreement.

The Fair Work Commission approved the Animal Carpentry Pty Ltd Enterprise Agreement 2022. The union's application to set aside the approval was dismissed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established