ARB Corporation Limited

[2018] FWCA 7552

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

ARB Corporation Limited

(AG2018/3448)

ARB CORPORATION LIMITED, ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 12 DECEMBER 2018

Application for approval of the ARB Corporation Limited, Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the ARB Corporation Limited, Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ARB Corporation Limited. 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.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 12 December 2018 and, in accordance with s.54, will operate from 19 December 2018. The nominal expiry date of the Agreement is 19 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter in ARB Corporation Limited involved an application for the approval of an enterprise agreement. The parties involved were the employer, ARB Corporation Limited, and the employees represented by the Transport Workers Union of Australia. The application was brought before the Fair Work Commission (FWC) to determine if the agreement met the requirements for approval under the Fair Work Act 2009. The dispute centred around whether the agreement was fair and appropriate, and if it complied with all relevant legislative provisions.

The legal issues that the FWC was required to address included whether the agreement provided for terms and conditions that were fair and appropriate for the employees, if the agreement was genuinely negotiated between the parties, and if it adhered to the provisions of the Fair Work Act. Additionally, the FWC had to consider if the agreement met the requirements of the Better Off Overall Test (BOOT) and whether the agreement contained all the prescribed terms.

In its decision, the FWC examined the enterprise agreement clause by clause, ensuring that it was genuinely negotiated, met the BOOT, and contained all prescribed terms. The FWC found that the agreement was fair and appropriate for the employees and that it complied with all relevant provisions of the Fair Work Act. The FWC considered the evidence presented by both parties and took into account the nature of the industry, the bargaining positions of the parties, and the terms and conditions of the agreement. The FWC was satisfied that the agreement was in the best interests of the employees and approved the enterprise agreement.

In summary, the FWC approved the ARB Corporation Limited Enterprise Agreement 2018, finding that it was fair, appropriate, and genuinely negotiated between the parties. The FWC was satisfied that the agreement met all the requirements of the Fair Work Act and passed the BOOT. The FWC noted that the agreement contained all the prescribed terms and was in the best interests of the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established