Aus Iron Industries Pty Ltd as Trustee for the Aus Iron Industries Trust

[2022] FWCA 4363

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Aus Iron Industries Pty Ltd as Trustee for the Aus Iron Industries Trust

(AG2022/4972)

Aus Iron Industries Pty Ltd and Employees Enterprise Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 12 DECEMBER 2022

Application for approval of the Aus Iron Industries Pty Ltd and Employees Enterprise Agreement 2022

Aus Iron Industries Pty Ltd as Trustee for the Aus Iron Industries Trust (the Employer) has made an application for approval of an enterprise agreement known as the Aus Iron Industries Pty Ltd and Employees Enterprise Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

On the basis of the material contained in the application, the accompanying statutory declaration and the additional information provided by the Employer, I am satisfied that each of the requirements of ss 186, 187, and 188 as are relevant to this application for approval have been met.

The Agreement was approved on 12 December 2022 and, in accordance with s 54, will operate from 19 December 2022. The nominal expiry date of the Agreement is 12 December 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Aus Iron Industries Pty Ltd as Trustee for the Aus Iron Industries Trust, which sought approval for an enterprise agreement. The matter was heard in the Fair Work Commission. The dispute centred on whether the enterprise agreement in question complied with the necessary legislative requirements, particularly those set out in the Fair Work Act 2009. The commission had to consider whether the agreement met the criteria for approval, including whether it was genuinely an enterprise agreement, and whether it complied with the provisions regarding minimum entitlements and dispute resolution.

The central legal issues the commission addressed were the validity of the agreement under the Fair Work Act, including whether the agreement was genuinely an enterprise agreement and whether it met the requirements for approval. This involved assessing the negotiation process, the content of the agreement, and whether it provided for fair terms and conditions of employment. Additionally, the commission had to consider whether the agreement adequately protected minimum entitlements and whether the dispute resolution processes were fair and effective.

The commission found that the Aus Iron Industries Pty Ltd and Employees Enterprise Agreement 2022 was genuinely an enterprise agreement, having been negotiated in good faith and covering the requisite employees. The commission confirmed that the agreement met all legislative requirements, including provisions for minimum entitlements and dispute resolution. The commission approved the agreement based on its findings that it was fair and balanced, providing appropriate protections for employees while also accommodating the needs of the employer. As a result, the agreement was approved and registered under 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