DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aquamonix Pty Ltd
(AG2017/2497)

AQUAMONIX MILPERRA SITE ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 15 AUGUST 2017

Application for approval of the Aquamonix Milperra Site Enterprise Agreement 2017.

[1] On 27 June 2017 Aquamonix Pty Ltd (Applicant) made an application for approval of the Aquamonix Milperra Site Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

[4] The Agreement lodged contained an error at Clause 12. On 15 August 2017, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The Australian 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), the Commission notes that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 22 August 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Aquamonix Pty Ltd was before the Fair Work Commission, with the applicant seeking approval for the Aquamonix Milperra Site Enterprise Agreement 2017. The applicant, Aquamonix Pty Ltd, is an employer engaged in the manufacture and sale of water treatment equipment. The dispute arose from the negotiation and subsequent application for approval of an enterprise agreement intended to govern the terms and conditions of employment for certain employees at the applicant’s Milperra site.

The central legal issues the court needed to address were whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it met the requirements for being a ‘good faith’ agreement. This involved examining whether the agreement contained all the prescribed minimum terms and conditions, did not disadvantage employees, and was genuinely negotiated in good faith. The court also needed to consider if the agreement was fair and reasonable, taking into account the principles of enterprise bargaining and the broader context of industrial relations.

The Fair Work Commission assessed the enterprise agreement in light of the statutory requirements and principles of good faith bargaining. It considered the submissions from both parties and the evidence presented regarding the negotiation process. The Commission found that the agreement met the prescribed minimum terms and conditions, did not unjustifiably disadvantage employees, and was genuinely negotiated in good faith. The Commission concluded that the agreement was fair and reasonable, taking into account the nature of the bargaining and the broader context of the enterprise. Consequently, the Commission approved the Aquamonix Milperra Site Enterprise Agreement 2017.

The court's final orders were to approve the enterprise agreement, recognising it as a valid and binding document governing the terms and conditions of employment for the specified employees at the Milperra site. The approval was subject to the conditions and requirements outlined in the Fair Work Act 2009.

Aquamonix 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