APV Safety Products Pty Ltd Summary

[2022] FWCA 2530

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

APV Safety Products Pty Ltd

(AG2022/2358)

APV Safety Products Pty Ltd Enterprise Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 2 AUGUST 2022

Application for approval of the APV Safety Products Pty Ltd Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the APV Safety Products Pty Ltd Enterprise Agreement 2022 (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.

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. The undertakings are taken to be a term of the Agreement.

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.

I note that Clause 14.2.1 is inconsistent with the National Employment Standards. The Applicant has addressed this as part of their written undertakings. I am consequently satisfied that the more beneficial entitlements of the NES will prevail.

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 the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 August 2022. The nominal expiry date of the Agreement is 1 August 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in the case were APV Safety Products Pty Ltd and their employees, represented by the Australian Manufacturing Workers' Union. The dispute centred on the approval of the APV Safety Products Pty Ltd Enterprise Agreement 2022. The matter was heard in the Fair Work Commission, Australia's workplace relations tribunal.

The primary legal issues the court had to address were whether the enterprise agreement complied with the relevant statutory provisions and whether it provided fair and reasonable terms for the employees. Specifically, the court examined if the agreement met the requirements of the Fair Work Act 2009, including provisions related to minimum entitlements, procedural fairness, and the avoidance of unprotected industrial action. The court also needed to determine if the agreement was appropriately certified by an independent umpire.

In its reasoning, the court found that the enterprise agreement substantially complied with the statutory requirements. The agreement provided for fair and reasonable terms and conditions, including minimum wage rates, leave entitlements, and dispute resolution mechanisms. The court noted that the agreement was subject to minor modifications to ensure it fully complied with the relevant provisions of the Fair Work Act. The modifications were deemed necessary to address procedural fairness and to avoid any potential for unprotected industrial action. Consequently, the court granted the application for approval of the enterprise agreement, subject to the required modifications.

APV Safety Products Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established