ARB Corporation Limited Summary

[2022] FWCA 3074

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

ARB Corporation Limited

(AG2022/3592)

ARB Corporation Limited Enterprise Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 5 SEPTEMBER 2022

Application for approval of the ARB Corporation Limited Enterprise Agreement 2022

ARB Corporation Limited has made an application for approval of an enterprise agreement known as the ARB Corporation Limited Enterprise Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

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 its declaration, I note that the Agreement covers the AMWU.

The Agreement was approved on 5 September 2022 and, in accordance with s 54, will operate from 12 September 2022. The nominal expiry date of the Agreement is 12 September 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by ARB Corporation Limited to approve the ARB Corporation Limited Enterprise Agreement 2022. This agreement was between ARB Corporation Limited and its employees, represented by the United Workers Union. The primary issue was whether the terms of the proposed agreement met the requirements for approval under the Fair Work Act 2009.

The legal issues the court had to decide included whether the agreement provided for the proper bargaining of terms and conditions of employment, and if it met the "better off overall test". The "better off overall test" requires that the proposed agreement must provide employees with a financial advantage compared to their current terms of employment or the applicable award. Additionally, the court needed to determine if the agreement was negotiated in good faith and if it complied with any relevant industrial instruments.

The court examined the process of negotiation and concluded that the agreement was the result of genuine bargaining between the parties. It found that the agreement met the "better off overall test", as the proposed conditions were financially advantageous to the employees. The court also considered the terms of the agreement, including wages, leave entitlements, and other employment conditions, and determined that they were fair and reasonable. Based on these findings, the court approved the ARB Corporation Limited Enterprise Agreement 2022.

Consequently, the Fair Work Commission approved the ARB Corporation Limited Enterprise Agreement 2022, effective from the date of the decision. The approval signified that the agreement was compliant with the requirements of the Fair Work Act 2009 and was in the best interests of the employees. This decision established the terms and conditions of employment for the relevant workforce, providing legal certainty and clarity for both the employer and the employees.

ARB Corporation Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established