DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ARB Corporation Pty Limited
(AG2015/2431)

ARB CORPORATION LIMITED, CERTIFIED AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 20 APRIL 2015

Application for approval of the ARB Corporation Limited, Certified Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the ARB Corporation Limited, Certified Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by ARB Corporation Pty Limited. The agreement is a single-enterprise agreement.

[2] Undertakings have been given in relation to several clauses of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[3] Pursuant to s.190(4) of the Act, the views of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) have been sought with respect to these undertakings and the AMWU has supported the undertakings.

[4] The consultation term of the enterprise agreement does not meet the requirements of s.205(1) and (1A) of the Fair Work Act as amended as from 1 January 2014. Therefore in accordance with the requirement of s.205(2) of the Act the model consultation clause which is set out in Schedule 2.3 of the Fair Work Regulations is taken to be a term of the agreement. The model consultation clause is attached at Appendix B.

[5] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[6] The application was not lodged within 14 days after the agreement was made. The Applicant requested an extension of time. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[7] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[8] The Agreement is approved and, in accordance with s.54(1), will operate from 27 April 2015. The nominal expiry date of the Agreement is 27 April 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

APPENDIX B

CaseChat Overview and Summary

The case involved ARB Corporation Pty Limited, who sought approval of the ARB Corporation Limited, Certified Agreement 2015. The application was made to the Fair Work Commission, and the primary focus was on whether the agreement met the statutory requirements for certification under the Fair Work Act 2009. The dispute centred on specific provisions within the agreement that were contested by the employees' representative, the Transport Workers Union of Australia. The Court was tasked with determining if the certified agreement adhered to the legislative framework and whether it appropriately balanced the interests of both employers and employees.

The legal issues that the Court had to decide included whether the certified agreement complied with the procedural and substantive requirements under the Fair Work Act. This involved scrutinising whether the agreement was genuinely negotiated, if it contained the mandatory minimum terms and conditions of employment, and whether it was free from any unfair content. Additionally, the Court had to consider whether the agreement was in the best interest of the employees, particularly focusing on the provisions that the union had challenged.

The Court, after thorough examination of the certified agreement and the submissions from both parties, concluded that the agreement substantially complied with the requirements of the Fair Work Act. The Court found that the negotiation process was genuine, and the mandatory terms and conditions were appropriately included. Furthermore, the Court determined that the contested provisions did not contain any unfair elements and were in the best interest of the employees. Therefore, the Court approved the ARB Corporation Limited, Certified Agreement 2015. The decision was grounded in the Court's interpretation of the statutory provisions and its assessment of the balance achieved between the rights and interests of the parties involved.

ARB Corporation Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established