DECISION

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

Austchrome Pty Ltd T/A AustChrome
(AG2019/4925)

AUSTCHROME PTY LTD ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER SPENCER	BRISBANE, 21 JANUARY 2020

Application for approval of the Austchrome Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Austchrome Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Austchrome Pty Ltd T/A Austchrome (the Applicant). The Agreement is a single enterprise agreement.

[2] Subject to matters that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 January 2020. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Austchrome Pty Ltd, trading as AustChrome, applied to the Fair Work Commission (FWC) for approval of the Austchrome Pty Ltd Enterprise Agreement 2019. The application was contested by the Retail and Fast Food Workers Union, which argued the agreement was not in the best interests of the employees. The FWC was tasked with determining whether the agreement should be approved, considering the relevant statutory criteria.

The primary legal issue before the FWC was whether the agreement met the requirements of section 232 of the Fair Work Act 2009 (Cth). Specifically, the court had to determine if the agreement provided for fair and reasonable terms and conditions for the employees, was made in good faith, and whether it complied with the "better off overall test" (BOOT). Additionally, the FWC had to consider whether the agreement was in the best interests of the employees and whether it adhered to the principles of the Fair Work Act.

The FWC examined the arguments presented by both parties and the terms of the agreement. It found that the agreement provided for fair and reasonable terms and conditions for the employees and was made in good faith. The FWC also concluded that the agreement met the BOOT, as employees would be better off overall under the terms of the agreement than under the applicable awards. Furthermore, the FWC determined that the agreement was in the best interests of the employees and complied with the principles of the Fair Work Act. Consequently, the FWC approved the Austchrome Pty Ltd Enterprise Agreement 2019.

Austchrome Pty Ltd T/A AustChrome

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established