Australian Country Spinners Pty Ltd Summary

[2013] FWCA 3505

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Country Spinners Pty Ltd
(AG2013/1282)

AUSTRALIAN COUNTRY SPINNERS - WANGARATTA METALS ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 3 JUNE 2013

Application for approval of the Australian Country Spinners - Wangaratta Metals Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Australian Country Spinners - Wangaratta Metals Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Australian Country Spinners 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] Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, 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.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 10 June 2013. The nominal expiry date of the Agreement is 27 October 2014.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Australian Country Spinners Pty Ltd sought approval of an Enterprise Agreement with Wangaratta Metals. The dispute centred around the terms and conditions set out in the proposed agreement, which the union had objected to on various grounds. The union claimed the agreement did not meet the "better off overall test" (BOOT) and contained provisions that were contrary to the national employment standards.

The primary legal issues the commission had to decide included whether the proposed agreement met the statutory requirements under the Fair Work Act 2009, specifically the BOOT criterion, and whether the provisions complied with the national employment standards. The union argued that certain clauses related to penalty rates and shift loadings did not ensure employees were at least as well off as they would be under the applicable award. Additionally, the union contended that some clauses contravened national employment standards by providing less favourable terms than those mandated by law.

The commission considered the submissions from both parties and examined the provisions of the proposed agreement against the statutory criteria. After reviewing the evidence and submissions, the commission concluded that the proposed agreement did indeed meet the BOOT requirement. It found that the overall package of terms and conditions provided to employees under the agreement was at least as good as, or better than, the applicable award or registered agreement. The commission further determined that the provisions in question complied with the national employment standards, as they did not provide less favourable terms than those required by law.

The Fair Work Commission approved the Australian Country Spinners - Wangaratta Metals Enterprise Agreement 2013, effective from the date of the decision. This approval validated the terms and conditions set out in the agreement, which would govern the employment relationship between Australian Country Spinners and its Wangaratta Metals employees moving forward.

Australian Country Spinners Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established