Applicant Alpine MDF Industries Pty Ltd

[2022] FWCA 4358

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Applicant Alpine MDF Industries Pty Ltd

(AG2022/4961)

Alpine MDF Industries Pty Ltd Enterprise Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 12 DECEMBER 2022

Application for approval of the Alpine MDF Industries Pty Ltd Enterprise Agreement 2022

Applicant Alpine MDF Industries Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Alpine MDF Industries Pty Ltd Enterprise Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

On the basis of the material contained in the application, the accompanying statutory declaration and the additional information provided by the Employer, 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 Australian Manufacturing Workers’ Union, Communications, Electrical and Plumbing Union and the Construction, Forestry, Maritime, Mining and Energy Union being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they seek to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declarations provided by the organisations, I note that the Agreement covers the organisations.

The Agreement was approved on 12 December 2022 and, in accordance with s 54, will operate from 19 December 2022. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Alpine MDF Industries Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement with its employees. The agreement, titled the Alpine MDF Industries Pty Ltd Enterprise Agreement 2022, sought to regulate various terms and conditions of employment. The dispute centred around the fairness and compliance of the proposed agreement with the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement met the procedural fairness requirements and substantive fairness standards as stipulated by the Fair Work Act. The Commission needed to assess whether the agreement had been genuinely negotiated, if it provided for the protection of employees' rights, and if it contained terms that were consistent with the broader objectives of the Act.

The Commission, in its reasoning, confirmed that the application process was conducted in accordance with the procedural requirements set out in the Fair Work Act. It noted that the agreement had been negotiated in good faith and involved a robust process that included multiple meetings and discussions between the parties. The Commission further found that the substantive terms of the agreement, including wages, working conditions, and dispute resolution mechanisms, were fair and reasonable. The Commission was satisfied that the agreement did not undermine the rights of employees and was consistent with the protective jurisdiction of the Fair Work Act.

The Fair Work Commission approved the Alpine MDF Industries Pty Ltd Enterprise Agreement 2022, determining that it met all the legal requirements for fairness and genuine negotiation. The agreement was certified effective from the date of the Commission's decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established