DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Apex Tool Group Pty Ltd T/A Apex Tool Group
(AG2017/1587)

APEX TOOL GROUP PTY LIMITED ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 26 MAY 2017

Application for approval of the Apex Tool Group Pty Limited Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Apex Tool Group Pty Limited Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Apex Tool Group Pty Ltd T/A Apex Tool Group. 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 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.

[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. 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.

[4] 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.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement was approved on 26 May 2017 and, in accordance with s.54, will operate from 2 June 2017. The nominal expiry date of the Agreement is 15 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involves an application by Apex Tool Group Pty Ltd, trading as Apex Tool Group, for approval of the Apex Tool Group Pty Limited Enterprise Agreement 2017. The application was made to the Fair Work Commission under section 234 of the Fair Work Act 2009. The nature of the dispute was whether the agreement met the criteria for registration and approval under the Act. The parties included the employer, Apex Tool Group, and the employees represented by a union.

The legal issues before the Commission were whether the agreement was made in good faith and if it complied with the procedural requirements of the Act. Specifically, the Commission had to determine if there was genuine bargaining between the parties, if the agreement contained all the mandatory terms prescribed by the Act, and if the agreement was made without coercion, duress or unfair pressure. Additionally, the Commission considered whether the agreement contained appropriate dispute resolution processes.

The Fair Work Commission found that the agreement was made in good faith and met all the necessary requirements for approval. The Commission was satisfied that there was genuine bargaining between the parties and that the agreement contained all the mandatory terms. The Commission also determined that the agreement was not made under any form of coercion, duress, or unfair pressure. The agreement was found to include appropriate dispute resolution processes, meeting the requirements of the Act. Consequently, the Commission approved the Apex Tool Group Pty Limited Enterprise Agreement 2017.

The Fair Work Commission ordered the registration of the Apex Tool Group Pty Limited Enterprise Agreement 2017, making it a legally binding agreement between the employer and the employees. The approval and registration of the agreement ensures that the terms and conditions of employment are clearly defined and that both parties are bound by the agreed-upon terms. This decision provides clarity and legal certainty for both the employer and employees, and ensures compliance with the Fair Work Act 2009.

Apex Tool Group Pty Ltd T/A Apex Tool Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established