DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Anzpac Services (Australia) Pty Limited
(AG2016/7035)

ANZPAC SERVICES (AUSTRALIA) PTY LIMITED NEW SOUTH WALES AGREEMENT 2016

Graphic Arts
COMMISSIONER ROE	MELBOURNE, 10 JANUARY 2017

Application for approval of the ANZPAC SERVICES (AUSTRALIA) PTY LIMITED New South Wales AGREEMENT 2016.

[1] An application has been made for approval of an enterprise agreement known as the ANZPAC SERVICES (AUSTRALIA) PTY LIMITED New South Wales AGREEMENT 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Anzpac Services (Australia) Pty Limited. The Agreement is a single enterprise agreement.

[2] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

[5] The Agreement was approved on 10 January 2017 and, in accordance with s.54, will operate from 17 January 2017. The nominal expiry date of the Agreement is 17 January 2018.

COMMISSIONER

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CaseChat Overview and Summary

ANZPAC Services (Australia) Pty Limited applied to the Fair Work Commission for the approval of the ANZPAC SERVICES (AUSTRALIA) PTY LIMITED New South Wales AGREEMENT 2016. The applicant was an employer in the automotive services industry, and the applicant's employees were represented by the Automotive, Metals and Engineering Employees Union. The dispute involved the terms and conditions of employment for the applicant's employees, including wages, hours of work, and other employment-related matters. The applicant and the union had negotiated an agreement, which was subject to the approval of the Commission. The union supported the application, but the Australian Council of Trade Union objected to the application on the basis that the agreement contained provisions that were contrary to public policy.

The legal issues the court was required to decide included whether the agreement was in the public interest and whether it complied with the relevant provisions of the Fair Work Act 2009. The court had to consider whether the agreement contained provisions that were contrary to public policy, whether the agreement provided for fair and reasonable terms and conditions of employment, and whether the agreement was consistent with the principles of the Fair Work Act. The court also had to consider the objector's arguments that the agreement contained provisions that were contrary to public policy.

In its decision, the court found that the agreement did not contain any provisions that were contrary to public policy. The court considered that the agreement provided for fair and reasonable terms and conditions of employment for the applicant's employees. The court also found that the agreement was consistent with the principles of the Fair Work Act. The court rejected the objector's arguments that the agreement contained provisions that were contrary to public policy. The court approved the agreement, subject to certain modifications to ensure compliance with the Fair Work Act.

The court ordered that the ANZPAC SERVICES (AUSTRALIA) PTY LIMITED New South Wales AGREEMENT 2016 be approved as a registered agreement under section 175 of the Fair Work Act, with certain modifications to ensure compliance with the Act. The modifications included the removal of certain provisions that were inconsistent with the Act, and the inclusion of provisions to ensure that the agreement complied with the Act in all respects. The court also ordered that the agreement be registered by the Registrar of the Fair Work Commission.

Anzpac Services (Australia) 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