DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Austube Mills Pty Ltd
(AG2019/822)

AUSTUBEMILLS ACACIA RIDGE ENTERPRISE AGREEMENT 2018 - 2021

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 2 MAY 2019

Application for approval of the AustubeMills Acacia Ridge Enterprise Agreement 2018 - 2021.

[1] Application has been made for approval of a single enterprise agreement known as the AustubeMills Acacia Ridge Enterprise Agreement 2018 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Austube Mills Pty Ltd.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 May 2019. The nominal expiry date of the Agreement is 31 August 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved Austube Mills Pty Ltd, which sought approval of its Acacia Ridge Enterprise Agreement 2018-2021. The application was heard by the Fair Work Commission, which had to determine whether the agreement met the requirements of the Fair Work Act 2009. The dispute centred on whether the agreement appropriately covered the employees and whether it complied with the Fair Work Act's minimum standards.

The primary legal issue before the Commission was whether the agreement was a 'single-enterprise agreement' and whether it contained the necessary provisions to be approved. In particular, the Commission examined whether the agreement met the requirement that it cover all employees within the nominated enterprise and whether it included the minimum terms and conditions as prescribed by the Fair Work Act. The Commission also considered the fairness and reasonableness of the agreement in the context of the relevant industrial circumstances.

In reaching its decision, the Commission found that the agreement appropriately covered all employees of Austube Mills within the Acacia Ridge site, and that it included all mandatory minimum terms and conditions. The Commission also determined that the agreement was fair and reasonable, taking into account the specific industrial context of the enterprise. Consequently, the Commission approved the Acacia Ridge Enterprise Agreement 2018-2021, finding it to be compliant with the requirements of the Fair Work Act.

The Fair Work Commission approved the Acacia Ridge Enterprise Agreement 2018-2021, finding it to be compliant with the Fair Work Act 2009. The Commission's decision confirmed the agreement's validity and enforceability, providing certainty for both the employer and the employees.

Austube Mills Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established