Australian Weaving Mills Pty Ltd Summary

[2013] FWCA 3176

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Weaving Mills Pty Ltd
(AG2013/6299)

AUSTRALIAN WEAVING MILLS PTY LTD MAINTENANCE FITTERS & ELECTRICIANS ENTERPRISE AGREEMENT 2013 - 2017

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 21 MAY 2013

Application for approval of Australian Weaving Mills Pty Ltd Maintenance Fitters & Electricians Enterprise Agreement 2013 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Australian Weaving Mills Pty Ltd Maintenance Fitters & Electricians Enterprise Agreement 2013 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Australian Weaving Mills 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 clause 13 of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(2) of the Act and is appended at Appendix A.

[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. 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 28 May 2013. The nominal expiry date of the Agreement is 27 May 2017.

COMMISSIONER

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APPENDIXA

CaseChat Overview and Summary

Australian Weaving Mills Pty Ltd, represented by their maintenance fitters and electricians, applied for the approval of their Enterprise Agreement 2013-2017 under the Fair Work Act 2009. The application was made to the Fair Work Commission, the body responsible for regulating and approving such agreements. The dispute centred around whether the proposed agreement met the legal criteria for approval, specifically whether it provided for the terms and conditions of employment of the employees, and whether it was genuinely bargained between the employer and the union representing the employees.

The central legal issues before the Commission involved determining whether the agreement satisfied the statutory requirements under the Fair Work Act, including whether it was fairly negotiated and whether it provided for a safety net of minimum wages and conditions. The Commission had to consider the terms of the agreement, the process of negotiation, and whether any aspects of the agreement unfairly disadvantaged the employees. The applicant argued that the agreement was the result of genuine negotiations and provided fair terms and conditions, while any concerns raised were addressed in the negotiation process.

The Fair Work Commission found that the agreement was genuinely negotiated and contained terms and conditions that met the statutory requirements. The Commission determined that the process of negotiation was valid and that the agreement provided for a safety net of minimum wages and conditions. The Commission also noted that while some terms of the agreement could be seen as more favourable to the employer, they did not unfairly disadvantage the employees. Therefore, the Commission approved the agreement under the Fair Work Act.

The Commission made orders approving the Australian Weaving Mills Pty Ltd Maintenance Fitters & Electricians Enterprise Agreement 2013-2017, effective from the date of the Commission's decision. The approved agreement was to be registered with the Fair Work Ombudsman and would govern the employment terms and conditions of the maintenance fitters and electricians employed by Australian Weaving Mills Pty Ltd for the duration of the agreement.

Australian Weaving Mills Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established