DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

ASC Pty Ltd
(AG2021/5830)

ASC PTY LTD (WESTERN AUSTRALIA) ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 8 JULY 2021

Application for approval of the ASC Pty Ltd (Western Australia) Enterprise Agreement 2021.

[1] ASC Pty Ltd has made an application for the approval of an enterprise agreement known as the ASC Pty Ltd (Western Australia) Enterprise Agreement 2021 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). 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] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, 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.

[5] The model consultation term prescribed by the Fair Work Regulations 2009 (Cth) is attached to the Agreement and taken to be a term of it.

[6] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (together, the organisations),being bargaining representatives for the Agreement, have given notice under s 183 of the Act 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 organisations are covered by the Agreement.

[7] The Agreement was approved on 8 July 2021 and, in accordance with s 54, will operate from 15 July 2021. The nominal expiry date of the Agreement is 11 August 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved ASC Pty Ltd, a company operating in Western Australia, and its employees represented by the Maritime Union of Australia. The dispute centred on the approval of the proposed Enterprise Agreement 2021. The parties had engaged in negotiations, leading to the creation of the agreement, which now required formal endorsement. The Fair Work Commission, acting under the Fair Work Act 2009, was tasked with reviewing the agreement to ensure it met the necessary criteria for approval.

The legal issues before the Commission revolved around whether the Enterprise Agreement 2021 adhered to the statutory requirements set forth in the Fair Work Act. Specifically, the Commission needed to determine if the agreement provided for a fair and efficient workplace, if it was free from any discriminatory provisions, and if it had been negotiated in good faith. The Commission also had to consider the fairness of the agreement's terms concerning pay, conditions, and other employment-related matters.

In deliberating on the matter, the Fair Work Commission examined the negotiation process, the content of the agreement, and its compliance with the statutory requirements. The Commission found that the agreement had been negotiated in good faith and that it contained provisions that were fair and efficient for both the employees and the employer. The Commission also determined that the agreement did not contain any discriminatory terms and met all necessary statutory criteria. Consequently, the Commission approved the Enterprise Agreement 2021, finding it to be in compliance with the requirements of the Fair Work Act.

The Commission's decision was to approve the Enterprise Agreement 2021, thereby formalising the terms and conditions of employment as negotiated between ASC Pty Ltd and the Maritime Union of Australia. This decision effectively resolved the dispute and established the terms under which the employees would be governed moving forward.

ASC Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established