Aquamonix Pty Ltd

[2021] FWCA 7185

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aquamonix Pty Ltd
(AG2021/8631)

AQUAMONIX MILPERRA SITE ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER P RYAN	SYDNEY, 17 DECEMBER 2021

Application for approval of the Aquamonix Milperra Site Enterprise Agreement 2021

[1] Aquamonix Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Aquamonix Milperra Site Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Regulation 2.06A Requirements

[2] The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed on 15 December 2021. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the Act.

Sections 186, 187 and 188

[3] 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.

Section 183

[4] The Australian Workers Union (the AWU) 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 AWU.

Approval

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 December 2021. The nominal expiry date of the Agreement is 1 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Aquamonix Pty Ltd, the Fair Work Commission was tasked with approving the Aquamonix Milperra Site Enterprise Agreement 2021. The dispute involved the company and its employees, who were represented by a union. The agreement in question aimed to outline the terms and conditions of employment for the employees at the Milperra site.

The legal issues before the Commission included whether the agreement provided for fair and reasonable terms of employment, whether it was negotiated in good faith, and whether it met the requirements of the Fair Work Act 2009. Additionally, the Commission had to consider whether the agreement complied with the relevant industrial instruments and whether it contained any terms that were inconsistent with the Act or unfair.

The Fair Work Commission found that the agreement provided for fair and reasonable terms of employment and was negotiated in good faith. The Commission also determined that the agreement met the requirements of the Fair Work Act 2009 and was consistent with the relevant industrial instruments. The Commission found that the agreement contained no terms that were inconsistent with the Act or unfair. The Commission approved the agreement, noting that it provided for a fair and reasonable set of terms and conditions of employment for the employees at the Milperra site.

Regulation 2.06A Requirements

Sections 186, 187 and 188

Approval

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established