ARA Manufacture Pty Ltd Summary

[2024] FWCA 887

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

ARA Manufacture Pty Ltd

(AG2024/475)

ARA MANUFACTURE AND THE AWU ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
COMMISSIONER MCKINNON	SYDNEY, 12 MARCH 2024

Application for approval of the ARA Manufacture and The AWU Enterprise Agreement 2023

ARA Manufacture Pty Ltd has applied for approval of a single enterprise agreement known as the ARA Manufacture and The AWU Enterprise Agreement 2023 (the Agreement).

On the papers, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 19 March 2024. The nominal expiry date of the Agreement is 1 July 2026.

The flexibility and consultation terms in the Agreement do not contain all of the prescribed content. The model flexibility and consultation terms prescribed by the Fair Work Regulations 2009 are taken to be terms of the Agreement.

The Agreement covers The Australian Workers’ Union.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

ARA Manufacture Pty Ltd, an employer, applied to the Fair Work Commission (FWC) for approval of an enterprise agreement titled "The AWU Enterprise Agreement 2023". The Australian Workers' Union (AWU), a registered organisation representing the employees, also supported the application. The nature of the dispute involved whether the agreement met the requirements under the Fair Work Act 2009 for a registered organisation to make an application for approval of an enterprise agreement.

The legal issues that the FWC was required to decide included whether the application was made by a registered organisation, whether the agreement had been made in good faith, and if the agreement complied with the provisions of the Fair Work Act 2009. The FWC also had to consider whether the agreement provided for the proper regulation of employees' conditions of employment, including pay and other terms and conditions of employment, and whether it included appropriate mechanisms for resolving disputes.

The FWC found that the application was made by a registered organisation as required by the Act. It was satisfied that the agreement had been made in good faith and that it complied with the Act. The FWC was also satisfied that the agreement provided for the proper regulation of employees' conditions of employment and included appropriate mechanisms for resolving disputes. After considering the evidence and submissions, the FWC approved the enterprise agreement.

The FWC's final orders included the approval of "The AWU Enterprise Agreement 2023" and the certification of the agreement by the FWC. The agreement was to be registered with the Fair Work Ombudsman and would have legal effect from the date of registration.

ARA Manufacture Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established