Australian Panels Pty Ltd

Case [2024] FWCA 3200
[2024] FWCA 3200

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Panels Pty Ltd

(AG2024/3176)

BORG MANUFACTURING PTY LTD OBERON SITE ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries

COMMISSIONER MCKINNON

SYDNEY, 6 SEPTEMBER 2024

Application for approval of the Borg Manufacturing Pty Ltd Oberon Site Enterprise Agreement 2024

  1. Australian Panels Pty Ltd has applied for approval of a single enterprise agreement known as the Borg Manufacturing Pty Ltd Oberon Site Enterprise Agreement 2024 (the Agreement).

  1. On the papers and having regard to the Statement of Principles[1], I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

  1. The Agreement is approved and will operate from 13 September 2024. The nominal expiry date of the Agreement is 30 June 2028.

  1. The Agreement covers the Construction, Forestry and Maritime Employees Union.

COMMISSIONER


[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

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Details
AGLC
Australian Panels Pty Ltd [2024] FWCA 3200
Case
[2024] FWCA 3200
Decision Date

CaseChat Overview and Summary

Australian Panels Pty Ltd was the applicant for the approval of the Borg Manufacturing Pty Ltd Oberon Site Enterprise Agreement 2024. The application was heard in the Fair Work Commission, which was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009. The primary concern was whether the agreement provided for fair and reasonable terms and conditions of employment, including minimum wages and entitlements.

The legal issues before the Commission included whether the agreement complied with the procedural requirements for negotiation and whether it contained all the mandated minimum terms and conditions. The applicant argued that the agreement was the result of genuine negotiations and covered all necessary terms. The Commission had to assess the negotiation process and the comprehensiveness of the agreement, including its adherence to the Fair Work (Registered Organisations) Act 2009 and the Fair Work Regulations 2009.

The Fair Work Commission found that the negotiation process was procedurally sound, with evidence of genuine bargaining between the parties. The agreement was deemed to be comprehensive, covering all the required minimum terms and conditions, including wages, leave entitlements, and other employment standards. The Commission concluded that the agreement was fair and reasonable, thus meeting the statutory requirements for approval. As a result, the Commission approved the Borg Manufacturing Pty Ltd Oberon Site Enterprise Agreement 2024.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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