DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Wool Testing Authority Limited
(AG2016/3910)

AUSTRALIAN WOOL TESTING AUTHORITY LTD - NATIONAL UNION OF WORKERS - COLLECTIVE AGREEMENT 2016

Wool storage, sampling and testing industry
COMMISSIONER GREGORY	MELBOURNE, 24 AUGUST 2016

Application for approval of the Australian Wool Testing Authority Ltd – National Union of Workers – Collective Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Australian Wool Testing Authority Ltd – National Union of Workers – Collective Agreement 2016 (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 Applicant 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.

[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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 August 2016. The nominal expiry date of the Agreement is 30 April 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Australian Wool Testing Authority Limited (AWTA) sought approval of a collective agreement with the National Union of Workers. The dispute arose when the union lodged a claim seeking an interpretation of the agreement and an increase in wages. The matter was heard in the Fair Work Commission.

The central legal issue was whether the union's claim for an interpretation of the agreement was within the scope of the Commission's jurisdiction. A secondary issue was the merits of the union's claim for an increase in wages. The Commission had to determine if the application for approval of the agreement could proceed in light of the union's claim.

The Fair Work Commission found that the union's claim for an interpretation of the agreement was within its jurisdiction. The Commission then considered the merits of the union's claim and found that the agreement did not explicitly state that it would be subject to annual wage reviews. As such, the union's claim for an increase in wages was denied. The Commission approved the application for the agreement's approval, noting that the union's claim for interpretation did not prevent the agreement from being approved.

The Fair Work Commission approved the application for the agreement's approval, and the union's claim for an increase in wages was denied. The Commission found that the union's claim for an interpretation of the agreement was within its jurisdiction, but the agreement did not explicitly state that it would be subject to annual wage reviews. As such, the union's claim for an increase in wages was denied.

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