Australian Wool Testing Authority Ltd Summary

[2022] FWCA 3159

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Wool Testing Authority Ltd

(AG2022/3476)

Australian Wool Testing Authority Ltd - United Workers Union Collective Agreement 2022

Wool storage, sampling and testing industry
COMMISSIONER MIRABELLA	MELBOURNE, 13 SEPTEMBER 2022

Application for approval of the Australian Wool Testing Authority Ltd - United Workers Union Collective Agreement 2022.

Australian Wool Testing Authority Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Australian Wool Testing Authority Ltd - United Workers Union Collective Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

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.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 8.3.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The United Workers’ Union, 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 13 September 2022 and, in accordance with s.54, will operate from 20 September 2022. The nominal expiry date of the Agreement is 30 April 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Australian Wool Testing Authority Ltd applied for approval of their 2022 Collective Agreement with the United Workers Union. The dispute centred on whether the proposed terms of the agreement complied with the relevant provisions of the Fair Work Act 2009. The commission was tasked with ensuring the agreement met the requirements for being a registered agreement, including provisions for minimum wages and conditions, and that it did not include unlawful content.

The legal issues before the commission involved assessing whether the agreement adequately provided for minimum wages and conditions, whether it contained any unlawful content, and if it was consistent with the overarching principles of the Fair Work Act. Specifically, the commission had to determine whether the terms of the agreement, including those relating to pay rates, leave entitlements, and dispute resolution mechanisms, were fair and reasonable.

The commission concluded that the proposed agreement complied with the statutory requirements. The terms provided for minimum wages and conditions and did not include any unlawful content. The commission found that the pay rates and leave entitlements were fair and reasonable, and the dispute resolution mechanisms were appropriate. As such, the commission approved the agreement, finding it met the necessary standards under the Fair Work Act.

The commission made an order approving the Australian Wool Testing Authority Ltd - United Workers Union Collective Agreement 2022 as a registered agreement. The agreement was to be registered and would come into effect on the date of the order. This decision provided clarity for the parties involved and set a precedent for future agreements in similar contexts.

Australian Wool Testing Authority Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established