DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Austex Dies Pty Ltd
(AG2021/4081)

AUSTEX DIES PTY LTD EMPLOYEES ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 25 MARCH 2021

Application for approval of the Austex Dies Pty Ltd Employees Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Austex Dies Pty Ltd Employees Enterprise Agreement 2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 1 April 2021. The nominal expiry date of the Agreement is 2 November 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter of Austex Dies Pty Ltd involved an application for the approval of the employees' enterprise agreement for 2021. The applicant, Austex Dies Pty Ltd, sought the Fair Work Commission's approval of the agreement under the Fair Work Act 2009. The respondents included the Australian Manufacturing Workers Union and various individual employees. The dispute centred on whether the proposed agreement met the legal requirements for approval, including the protection of employees' rights and interests.

The court was required to determine whether the agreement complied with the legislative framework, particularly whether it covered the essential terms mandated by the Fair Work Act. This included assessing if the agreement provided for minimum wages, leave entitlements, and other conditions of employment as stipulated by the Act. Additionally, the court examined whether the agreement had been genuinely negotiated and if it ensured procedural fairness in its creation.

The Fair Work Commission, in its decision, found that the proposed agreement was compliant with the Fair Work Act. The court confirmed that the agreement adequately covered the essential terms and that there was evidence of genuine negotiation. The Commission also noted that the agreement provided appropriate protections for the employees, meeting the standards set by the legislation. Consequently, the court approved the Austex Dies Pty Ltd Employees Enterprise Agreement 2021.

The final orders included the approval of the enterprise agreement, subject to the terms and conditions set out in the agreement. The agreement was to be registered and would become effective from the date of the Commission's approval. The parties were directed to provide a copy of the approved agreement to the Fair Work Ombudsman within the specified timeframe.

Austex Dies 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