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[2025] FWCA 1263

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

ASC Pty Ltd

(AG2025/842)

ASC PTY LTD ENTERPRISE AGREEMENT PRODUCTION TEAM LEADS ASC NORTH 2024

Manufacturing and associated industries
COMMISSIONER THORNTON	ADELAIDE, 15 APRIL 2025

Application for approval of the ASC PTY LTD ENTERPRISE AGREEMENT PRODUCTION TEAM LEADS ASC NORTH 2024

An application has been made for approval of an enterprise agreement known as the ASC PTY LTD ENTERPRISE AGREEMENT PRODUCTION TEAM LEADS ASC NORTH 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ASC Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AMWU.

The Agreement is approved and will operate in accordance with s.54 of the Act from 22 April 2025. The nominal expiry date of the Agreement is 31 January 2029.

COMMISSIONER

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ANNEXURE A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved ASC Pty Ltd and the Maritime Union of Australia, regarding the application for approval of an enterprise agreement for Production Team Leads within the ASC North operations. The union submitted an application for the approval of the ASC Pty Ltd Enterprise Agreement Production Team Leads ASC North 2024. The Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for a fair and efficient system for determining the terms and conditions of employment, including pay, hours of work and leave. The Commission also needed to consider whether the agreement included provisions that provided for fair and reasonable procedures for resolving disputes between the parties. Additionally, the Commission was tasked with ensuring that the agreement did not undermine the safety and health of employees.

The Commission found that the agreement provided for a fair and efficient system for determining the terms and conditions of employment, including pay, hours of work and leave. The agreement included provisions for resolving disputes between the parties and did not undermine the safety and health of employees. The Commission also found that the agreement met the requirements for procedural fairness, as it included provisions for consultation and notice of changes to the agreement. The Commission approved the agreement, stating that it provided for a fair and efficient system for determining the terms and conditions of employment, and did not undermine the safety and health of employees.

ASC Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established