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[2025] FWCA 210

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

ASC Pty Ltd

(AG2024/4542)

ASC PTY LTD (SOUTH AUSTRALIA) ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER THORNTON	ADELAIDE, 29 JANUARY 2025

Application for approval of the ASC Pty Ltd (South Australia) Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the ASC Pty Ltd (South Australia) Enterprise Agreement 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 copy of the Agreement filed with the application for approval did not contain a signed signature page as required in accordance with s.185 of the Act and Regulation 2.06A of the Fair Work Regulations 2009 (the Regulations). An amended signature page was later filed that met the requirements of the Act and Regulations. The Applicant filed submissions requesting that I allow an amendment of a document relating to the matter. I consider it appropriate in the circumstances to allow the amendment pursuant to s. 586(a) of the Act.

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 Australian Workers’ Union (AWU), the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) each lodged a Form F18 statutory declaration giving notice under s.183 of the Act that they want the Agreement to cover their organisations. In accordance with s.201(2) of the Act, I note the Agreement covers the AWU, the AMWU and the CEPU.

The Agreement is approved and will operate in accordance with s.54 of the Act from 5 February 2025. The nominal expiry date of the Agreement is 26 March 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the ASC Pty Ltd (South Australia) Enterprise Agreement 2024. The applicant, ASC Pty Ltd, sought approval for the agreement under the Fair Work Act 2009. The application was contested by a union representative, who raised objections on behalf of employees covered by the agreement. The dispute centred on the fairness and compliance of the proposed agreement with statutory requirements, particularly in relation to minimum terms and conditions, dispute resolution, and procedural fairness.

The legal issues before the Commission included whether the agreement provided for fair terms and conditions of employment, adhered to the Fair Work Act’s minimum standards, and followed proper procedures in its negotiation and execution. The Commission also examined whether the agreement allowed for adequate representation of employees and whether there were any procedural irregularities that could invalidate the agreement. The focus was on ensuring the agreement was fair and just, balanced the rights of both employers and employees, and complied with the legislative framework.

The Commission reviewed the terms of the agreement, considering the evidence presented by both parties. It assessed whether the agreement met the statutory minimum entitlements and whether the negotiation process was fair and transparent. The Commission found that the agreement contained terms that met the minimum standards and provided for fair and reasonable conditions of employment. It was also satisfied that the negotiation process adhered to procedural fairness and that there were no significant irregularities that would undermine the agreement's validity. Consequently, the Commission approved the enterprise agreement, finding it to be fair and compliant with the statutory requirements.

The final orders of the Commission were that the ASC Pty Ltd (South Australia) Enterprise Agreement 2024 be approved and registered under the Fair Work Act 2009. The agreement was to take effect from the date of the decision, binding the parties and governing the employment conditions of the employees covered by the agreement. The union representative’s objections were dismissed, and the agreement was approved in its entirety.

ASC Pty Ltd

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