Anthony Innovations Pty Ltd

[2013] FWCA 5892

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Anthony Innovations Pty Ltd
(AG2013/7919)

ANTHONY INNOVATIONS COLLECTIVE BARGAINING AGREEMENT 2013-2016

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 20 AUGUST 2013

Application for approval of the Anthony Innovations Collective Bargaining Agreement 2013 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Anthony Innovations Collective Bargaining Agreement 2013 - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Anthony Innovations Pty Ltd. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings meet the requirements as provided for by s.190 of the Act.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 20 August 2013 and, in accordance with s.54, will operate from 27 August 2013. The nominal expiry date of the Agreement is 13 April 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Anthony Innovations Pty Ltd and its employees, represented by a union. The primary dispute centred on the approval of a collective bargaining agreement that was set to govern employment conditions for the period from 2013 to 2016. The Commission was tasked with determining whether the agreement met the criteria for authorisation under the Fair Work Act 2009. The union sought to ensure that the agreement adequately represented the employees' interests and provided for fair and reasonable terms of employment.

The legal issues before the Commission included whether the bargaining agreement complied with the procedural requirements for authorisation, and if the terms of the agreement were fair and reasonable. Specifically, the Commission had to consider whether the agreement had been genuinely negotiated, whether it addressed key employment issues, and if the terms were equitable and provided for a fair outcome for both parties. Additionally, the Commission needed to ensure that the agreement did not undermine the protections provided by the Fair Work Act.

In deliberating on these issues, the Commission examined the process by which the agreement was negotiated, including whether the union had genuinely represented the employees and whether the employer had engaged in good faith bargaining. The Commission also assessed the substantive terms of the agreement, including wages, hours of work, and other employment conditions, to determine if they were fair and reasonable. The Commission found that the agreement had been genuinely negotiated and that the terms provided for fair and reasonable outcomes for both the employer and the employees. Consequently, the Commission authorised the Anthony Innovations Collective Bargaining Agreement 2013 - 2016.

The final orders of the Commission were that the Anthony Innovations Collective Bargaining Agreement 2013 - 2016 be approved and authorised under the Fair Work Act 2009. The agreement was to be registered with the Fair Work Commission, and the terms were to apply to the employees of Anthony Innovations Pty Ltd for the specified period. The authorisation ensured that the agreement would have legal effect and could be enforced by the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established