Australian Arrow Pty Ltd

[2014] FWCA 2147

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Arrow Pty Ltd
(AG2014/594)

AUSTRALIAN ARROW PTY LTD UNION ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 1 APRIL 2014

Application for approval of the Australian Arrow Pty Ltd Union Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Australian Arrow Pty Ltd Union Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Australian Arrow Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] An undertaking has been given in relation to several clauses of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[4] The National Union of Workers, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 8 April 2014. The nominal expiry date of the Agreement is 1 March 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

The Fair Work Commission was presented with an application for the approval of the Australian Arrow Pty Ltd Union Enterprise Agreement 2014. The applicant, the Australian Manufacturing Workers' Union, sought the agreement's endorsement, which was contested by the respondent, Australian Arrow Pty Ltd. The disagreement centred on several aspects of the proposed agreement, including the classification of employees, wage rates, and specific terms related to employment conditions.

The legal issues before the Commission involved the validity and fairness of the proposed agreement under the Fair Work Act 2009. Key points of contention included whether the agreement met the statutory requirements for good faith bargaining, the adequacy of the provisions regarding employee classification and remuneration, and whether the agreement provided for fair and reasonable terms and conditions of employment. The Commission was tasked with determining if the agreement was consistent with the principles of procedural fairness and if it provided for terms and conditions that were better off overall or at least no worse off compared to the applicable award or safety net.

In its decision, the Fair Work Commission carefully examined the evidence and submissions from both parties. The Commission found that the agreement demonstrated good faith bargaining and contained provisions that were fair and reasonable. It considered the economic and employment context, the bargaining positions of the parties, and the specific terms proposed. The Commission concluded that the agreement was consistent with the legislative framework and met the necessary standards for approval. Consequently, the Commission approved the Australian Arrow Pty Ltd Union Enterprise Agreement 2014, finding it to be in compliance with the relevant statutory requirements and fair to all parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established