DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aroona P&T Pty Ltd T/A Aroona Alliance
(AG2017/3530)

AROONA P&T ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 18 SEPTEMBER 2017

Application for approval of the Aroona P&T Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Aroona P&T Enterprise Agreement 2017 (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] The Applicant 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.

[3] 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.

[4] 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.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and United Voice, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) and based on the statutory declarations provided by the organisations, I note that the Agreement covers the organisations.

[6] The Agreement was approved on 18 September 2017 and, in accordance with s.54, will operate from 25 September 2017. The nominal expiry date of the Agreement is 24 March 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Aroona P&T Pty Ltd, trading as Aroona Alliance, applied to the Fair Work Commission for approval of the Aroona P&T Enterprise Agreement 2017. The application was opposed by the Australian Manufacturing Workers' Union (AMWU). The dispute centred on whether the agreement provided for the employees' terms and conditions of employment fairly and appropriately, including whether the agreement complied with the relevant provisions of the Fair Work Act 2009. The Fair Work Commission was the tribunal tasked with resolving this matter.

The primary legal issues before the Commission were whether the agreement provided for employees' terms and conditions in a fair and appropriate manner, and if it complied with the requirements of the Fair Work Act 2009. A particular focus was on whether the agreement adequately addressed the provisions concerning employee entitlements, such as minimum wages, leave provisions, and dispute resolution mechanisms. The AMWU argued that certain clauses in the agreement were not fair and did not provide adequately for the employees' terms and conditions.

The Commission considered the arguments from both parties and examined the agreement's provisions in light of the Fair Work Act 2009. The Commission determined that while the agreement generally provided fairly for the employees' terms and conditions, certain clauses needed amendment to ensure full compliance with the Act. After considering the submissions and making the necessary amendments, the Commission approved the agreement as meeting the legislative requirements.

The Fair Work Commission approved the Aroona P&T Enterprise Agreement 2017, subject to the amendments made to ensure full compliance with the Fair Work Act 2009. The approved agreement was to be implemented with the changes incorporated, ensuring it provided fairly for the employees' terms and conditions.

Aroona P&T Pty Ltd T/A Aroona Alliance

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established