DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ARA Manufacture Pty Ltd
(AG2019/681)

ARA MANUFACTURE AND THE AWU ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER JOHNS	MELBOURNE, 11 APRIL 2019

Application for approval of the ARA Manufacture and The AWU Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the ARA Manufacture and The AWU Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by ARA Manufacture Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Australian Workers’ Union (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 organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 April 2019. The nominal expiry date of the Agreement is 1 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, ARA Manufacture Pty Ltd sought approval of the ARA Manufacture and The AWU Enterprise Agreement 2018. The Australian Workers’ Union (AWU) is the registered organisation that put forward the agreement for consideration. The primary nature of the dispute centred around the terms and conditions of employment as proposed in the agreement, and whether these terms complied with relevant industrial and employment laws.

The legal issues the court was required to decide included whether the agreement met the criteria for approval under the Fair Work Act 2009, specifically whether it provided for fair and reasonable terms of employment, and if it included adequate provisions for the protection of employees' rights and interests. Additionally, the court needed to determine if the agreement complied with procedural requirements, such as the proper consultation process with the relevant employees.

The court examined the provisions of the agreement and the evidence presented by both parties. It found that the agreement was fair and reasonable, taking into account the economic and social context. The agreement was deemed to provide appropriate protections for employees, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms. The court also confirmed that the consultation process was conducted appropriately, and the agreement was supported by a majority of the employees. Consequently, the court approved the ARA Manufacture and The AWU Enterprise Agreement 2018, finding it to be compliant with all relevant legal standards.

ARA Manufacture 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