DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Wool Testing Authority Limited
(AG2019/3633)

AUSTRALIAN WOOL TESTING AUTHORITY LIMITED COLLECTIVE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 10 OCTOBER 2019

Application for approval of the Australian Wool Testing Authority Limited Collective Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Australian Wool Testing Authority Limited Collective Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Wool Testing Authority Limited. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 10 October 2019 and, in accordance with s.54, will operate from 17 October 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, the Australian Wool Testing Authority Limited, applied to the Fair Work Commission for approval of the 2019 Collective Agreement. The agreement was entered into between the Authority and the Australian Manufacturing Workers' Union. The Fair Work Commission was required to determine whether the agreement should be approved as a "registered" or "approved" agreement. The applicant argued that the agreement should be registered, while the union preferred it to be approved.

The central legal issue was whether the agreement met the criteria for registration under the Fair Work Act 2009. The applicant contended that the agreement was in the best interests of the employees and the employer, and should therefore be registered. The union argued that the agreement should be approved as it was not in the best interests of the employees to be registered.

The Fair Work Commission found that the agreement met the criteria for registration under the Fair Work Act. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions, and was in the best interests of both the employees and the employer. The Commission approved the agreement as a "registered" agreement, noting that this would provide greater certainty and stability for both parties.

The Fair Work Commission approved the 2019 Collective Agreement as a "registered" agreement, effective from 1 January 2020. This decision provides clarity and certainty for both the Australian Wool Testing Authority Limited and the Australian Manufacturing Workers' Union, and ensures that the agreement provides fair and reasonable terms and conditions for employees.

Australian Wool Testing Authority Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established