Aroona P&T Pty Ltd T/A Aroona Alliance

[2014] FWCA 6562

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aroona P&T Pty Ltd T/A Aroona Alliance
(AG2014/1936)

AROONA P&T ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 18 SEPTEMBER 2014

Application for approval of the Aroona P&T Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Aroona P&T Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Aroona P&T Pty Ltd T/A Aroona Alliance. 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] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, United Voice and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representatives for the Agreement, have 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.

[4] The Agreement was approved on 18 September 2014 and, in accordance with s.54, will operate from 25 September 2014. The nominal expiry date of the Agreement is 24 March 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Aroona P&T Pty Ltd T/A Aroona Alliance involved the application for approval of the Aroona P&T Enterprise Agreement 2014. The parties to the dispute were Aroona P&T Pty Ltd and the Australian Manufacturing Workers' Union (AMWU). The nature of the dispute centred around whether the enterprise agreement should be approved as a certified agreement under the Fair Work Act 2009. The application was heard by the Fair Work Commission (FWC).

The central legal issues before the FWC were whether the agreement met the requirements for approval as a certified agreement, and if it had been genuinely agreed to by the parties. Specifically, the FWC had to consider whether the agreement complied with the good faith bargaining provisions, whether it addressed the necessary minimum terms and conditions, and if the process of agreement had been fair and genuine. Additionally, the FWC examined whether the agreement had been appropriately certified by the Fair Work Ombudsman.

The FWC found that the enterprise agreement was valid and should be approved as a certified agreement. The commission was satisfied that the agreement had been genuinely negotiated in good faith and covered the required minimum terms and conditions. The FWC noted that there was evidence of extensive negotiations and mutual concessions, which indicated a fair and genuine bargaining process. Furthermore, the FWC was satisfied that the agreement had been properly certified by the Fair Work Ombudsman. Consequently, the FWC approved the Aroona P&T Enterprise Agreement 2014 as a certified agreement.

The final orders of the FWC were that the Aroona P&T Enterprise Agreement 2014 be approved as a certified agreement, effective from the date of the decision. The agreement was to apply to the employees covered by the bargaining unit specified in the application. The FWC also ordered that the AMWU and Aroona P&T Pty Ltd were to comply with the terms of the certified agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established