ATB Morton (NSW) Pty Ltd

[2021] FWCA 6611

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ATB Morton (NSW) Pty Ltd
(AG2021/7468)

ATB MORTON (NSW) PTY LIMITED ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT CROSS	SYDNEY, 9 NOVEMBER 2021

Application for approval of the ATB Morton (NSW) Pty Limited Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the ATB Morton (NSW) Pty Limited Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ATB Morton (NSW) 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this approval. The nominal expiry date of the Agreement is 9 November 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the case before the Fair Work Commission, ATB Morton (NSW) Pty Ltd applied for the approval of the ATB Morton (NSW) Pty Limited Enterprise Agreement 2021. The dispute arose from the negotiation and terms of the enterprise agreement between ATB Morton and its employees, represented by the Australian Manufacturing Workers' Union. The primary issue was whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009.

The court was tasked with determining whether the enterprise agreement contained all the mandatory terms specified by the Act and whether it was made in good faith and without coercion. Additionally, the court needed to assess whether the agreement was fair and reasonable, considering the economic circumstances and the interests of both the employer and employees. The parties presented arguments on the fairness of the proposed terms, the negotiation process, and compliance with the statutory requirements.

After considering the submissions and evidence from both parties, the Commission found that the proposed agreement complied with the statutory requirements. The agreement included all mandatory terms and was made in good faith, without any evidence of coercion. The Commission also determined that the terms of the agreement were fair and reasonable, taking into account the economic circumstances and the interests of both parties. Consequently, the Fair Work Commission approved the ATB Morton (NSW) Pty Limited Enterprise Agreement 2021.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established