ASC Pty Ltd T/A ASC Pty Ltd

[2024] FWCA 4688

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

ASC Pty Ltd T/A ASC Pty Ltd

(AG2024/4885)

ASC PTY LTD (WESTERN AUSTRALIA) ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER SCHNEIDER	PERTH, 31 DECEMBER 2024

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

ASC Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the ASC Pty Ltd (Western Australia) Enterprise Agreement 2024 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

In compliance with section 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered. No objection was raised.

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 sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

Pursuant to section 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.

Pursuant to section 205A(2) of the Act, the workplace delegates’ rights term prescribed by the Manufacturing and Associated Industries and Occupations Award 2020 is taken to be a term of the Agreement.

The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (Australian Manufacturing Workers’ Union) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union (Electrical Trades Union) (jointly, the Unions), being bargaining representatives for the Agreement, have given notice under section 183 of the Act that they seek to be covered by the Agreement. In accordance with section 201(2) of the Act, and based on the declaration provided by the organisations, I note that the Unions are covered by the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 7 January 2025. The nominal expiry date of the Agreement is 7 January 2028.

COMMISSIONER

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CaseChat Overview and Summary

ASC Pty Ltd, trading as ASC Pty Ltd, applied to the Fair Work Commission for the approval of the ASC Pty Ltd (Western Australia) Enterprise Agreement 2024. The application was brought under section 234 of the Fair Work Act 2009, which governs the process for approving enterprise agreements. The dispute involved the terms and conditions of employment for employees within the ASC Pty Ltd enterprise, focusing on aspects such as wages, hours of work, and other conditions of employment. The Commission was tasked with determining whether the agreement met the criteria for approval under the Act, including whether it complied with the "better off overall test" and other legal requirements.

The key legal issues before the Commission were whether the proposed enterprise agreement was a "single interest" agreement, whether it contained all the mandatory terms required by the Fair Work Act, and whether it satisfied the "better off overall test". This test requires that the agreement be at least as good as the applicable award or other relevant agreement in terms of pay and conditions. Additionally, the Commission had to consider whether the agreement had been genuinely negotiated and whether it contained appropriate dispute resolution procedures. The fairness and compliance of the agreement with the Act were central to the decision-making process.

The Fair Work Commission carefully reviewed the application and the contents of the proposed enterprise agreement. It found that the agreement was genuinely negotiated and contained all the mandatory terms required by the Act. The Commission also concluded that the agreement met the better off overall test, as it provided employees with improved conditions compared to the applicable award or other relevant agreements. Furthermore, the agreement included appropriate dispute resolution mechanisms. Based on these findings, the Commission approved the ASC Pty Ltd (Western Australia) Enterprise Agreement 2024, deeming it to be in compliance with the Fair Work Act.

The final orders of the Commission were that the ASC Pty Ltd (Western Australia) Enterprise Agreement 2024 be approved as a registered agreement under section 171 of the Fair Work Act. This approval meant that the agreement would be in effect from the date of the decision and would govern the employment conditions of the relevant employees. The approval was contingent on the continued compliance with the Act and any subsequent directions from the Commission. This decision provided clarity and legal certainty for both the employer and the employees, ensuring that the agreement would operate effectively within the legal framework established by the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established