DECISION

Fair Work Act 2009
s.185—Enterprise agreement

APV Safety Products Pty Ltd
(AG2018/5903)

APV SAFETY PRODUCTS PTY LTD ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 1 APRIL 2019

Application for approval of the APV Safety Products Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the APV Safety Products Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by APV Safety Products Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[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] 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 1 April 2019 and, in accordance with s.54, will operate from 8 April 2019. The nominal expiry date of the Agreement is 1 October 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, APV Safety Products Pty Ltd sought approval of the APV Safety Products Pty Ltd Enterprise Agreement 2018. The respondents to the application included various unions representing the employees of APV. The central issue was whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement met the requirements for minimum entitlements, including minimum wages, penalty rates, leave entitlements, and other conditions of employment.

The Commission examined whether the agreement provided for terms and conditions that were no less favourable than the applicable awards or safety nets. This involved an analysis of the agreement's provisions against the minimum standards set out in the relevant modern awards. Furthermore, the Commission considered the fairness and reasonableness of the agreement, including whether it provided for appropriate mechanisms for dispute resolution and included terms that promoted productivity and efficient workplace practices.

After reviewing the submissions from both parties and the relevant legislative framework, the Fair Work Commission found that the APV Safety Products Pty Ltd Enterprise Agreement 2018 complied with all statutory requirements. The agreement was deemed to be fair and reasonable, providing for terms and conditions that were no less favourable than the minimum safety net. The Commission also found that the agreement included appropriate mechanisms for resolving disputes and promoted productivity. Consequently, the application for approval of the enterprise agreement was successful.

The Fair Work Commission approved the APV Safety Products Pty Ltd Enterprise Agreement 2018, effective from the date of the decision. The agreement is now binding on all parties involved, including the employer and the employees represented by the unions. The approval ensures that the terms and conditions of employment within the enterprise are legally compliant and fair, providing a stable and predictable workplace environment.

APV Safety Products Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established