Artcraft Pty Ltd Summary

[2013] FWCA 9736

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Artcraft Pty Ltd
(AG2013/10357)

ARTCRAFT PRODUCTION ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 11 DECEMBER 2013

Application for approval of the Artcraft Production Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Artcraft Production Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Artcraft Pty Ltd. The agreement is a single-enterprise agreement.

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

[3] 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.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 18 December 2013. The nominal expiry date of the Agreement is 1 November 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Artcraft Pty Ltd applied for approval of an enterprise agreement under the Fair Work Act 2009. The applicant, an employer in the building and construction industry, sought approval of the Artcraft Production Enterprise Agreement 2013, which was negotiated with the Construction, Forestry, Mining and Energy Union. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Act for approval.

The central legal issue before the Commission was whether the agreement provided for the mandatory matters specified in section 232 of the Act and whether it was fairly negotiated. Additionally, the Commission had to consider whether the agreement contained terms that were not consistent with the national system for the resolution of industrial matters or contrary to public policy.

The Commission found that the agreement contained all the mandatory matters specified in section 232 of the Act and was fairly negotiated. The Commission also determined that the agreement did not contain any terms that were inconsistent with the national system or contrary to public policy. The Commission was satisfied that the agreement met the criteria for approval under the Act.

The Fair Work Commission approved the Artcraft Production Enterprise Agreement 2013, subject to the terms and conditions set out in the decision. The agreement was to be registered with the Fair Work Commission and would operate as a registered agreement for a period of five years from the date of registration. The Commission also directed that the agreement be published on the Fair Work Commission's website.

Artcraft Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established