APV Safety Products Pty Ltd

[2014] FWCA 3410

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

APV Safety Products Pty Ltd
(AG2014/5158)

APV SAFETY PRODUCTS PTY LTD ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 29 MAY 2014

Application for approval of the APV Safety Products Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the APV Safety Products Pty Ltd Enterprise Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by APV Safety Products Pty Ltd. The Agreement is a single-enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from APV Safety Products Pty Ltd. In accordance with s.191(1) of the Act, the undertakings are taken to be terms of the Agreement. A copy of the undertakings are attached to this decision as Attachment A.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 June 2014. The nominal expiry date of the Agreement is 1 April 2017.

DEPUTY PRESIDENT

Attachment A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

APV Safety Products Pty Ltd, an employer, applied for the approval of the APV Safety Products Pty Ltd Enterprise Agreement 2014, which was executed between the employer and the relevant union. The Fair Work Commission was tasked with assessing whether the agreement met the necessary legal requirements for approval, including compliance with the Fair Work Act 2009. The applicant sought to ensure the agreement was properly formulated and in line with legislative standards, which were central to the proceedings.

The legal issues before the Commission centred on whether the enterprise agreement satisfied the formal requirements set out in the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was made in good faith and for the purposes of establishing the terms and conditions of employment, and whether it complied with the specific provisions regarding the agreement's content and procedural requirements. The Commission also had to consider if there was adequate employee consultation and representation in the agreement's development.

The Commission concluded that the enterprise agreement met all the necessary legal requirements for approval. It found that the agreement was made in good faith and for the appropriate purposes, and that it complied with the formal requirements of the Fair Work Act 2009. The Commission was satisfied that there was adequate consultation and representation during the agreement's development, and that the agreement was consistent with the provisions of the Act. Consequently, the Commission approved the APV Safety Products Pty Ltd Enterprise Agreement 2014.

The final orders of the Commission were that the APV Safety Products Pty Ltd Enterprise Agreement 2014 be approved as a registered agreement under the Fair Work Act 2009. This decision provided certainty to both the employer and the union regarding the terms and conditions of employment and ensured that the agreement would be legally binding.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established