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[2021] FWCA 6164

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ASC Pty Ltd
(AG2021/7476)

AMWU / ASC PTY LTD ENTERPRISE AGREEMENT PRODUCTION TEAM LEADS ASC NORTH 2021

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 7 OCTOBER 2021

Application for approval of the AMWU / ASC Pty Ltd Enterprise Agreement Production Team Leads ASC North 2021.

[1] An application has been made for approval of an enterprise agreement known as the AMWU / ASC Pty Ltd Enterprise Agreement Production Team Leads ASC North 2021 (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 Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, 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.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] I note that several clauses of the Agreement may be inconsistent with the National Employment Standards. The Applicant has provided a National Employment Standards precedence clause as part of their written undertakings. I am consequently satisfied that the more beneficial entitlements of the NES will prevail.

[6] 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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 October 2021. The nominal expiry date of the Agreement is 13 October 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

ASC Pty Ltd involved the Australian Manufacturing Workers' Union (AMWU) and ASC Pty Ltd, with the dispute being about the approval of a particular enterprise agreement for production team leads in the ASC North division for the year 2021. The matter was heard by the Fair Work Commission (FWC).

The legal issues before the FWC included whether the proposed enterprise agreement met the statutory requirements of the Fair Work Act 2009. The FWC needed to determine if the agreement was "better off overall" for the employees and if it complied with the relevant minimum entitlements stipulated by the Act. The FWC also had to consider whether the agreement was made in good faith and if it adhered to the principles of industrial law.

The FWC found that the enterprise agreement provided various benefits to the employees, including improved pay rates, leave entitlements, and other conditions that were better than the minimum standards set by the Act. The FWC also concluded that the agreement was made in good faith and complied with the principles of industrial law. The FWC further noted that the agreement was likely to result in a positive outcome for the employees. Therefore, the FWC approved the enterprise agreement.

The FWC made an order approving the AMWU / ASC Pty Ltd Enterprise Agreement Production Team Leads ASC North 2021, and it was to be registered under the Fair Work Act 2009.

ASC Pty Ltd

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