Austube Mills Pty Ltd T/A Austube Mills

[2021] FWCA 6597

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Austube Mills Pty Ltd T/A Austube Mills
(AG2021/8139)

AUSTUBE MILLS ACACIA RIDGE ENTERPRISE AGREEMENT 2021-2024

Manufacturing and associated industries
COMMISSIONER RYAN	SYDNEY, 8 NOVEMBER 2021

Application for approval of the Austube Mills Acacia Ridge Enterprise Agreement 2021 - 2024

[1] Austube Mills Pty Ltd (the Employer) has applied for the approval of an enterprise agreement known as the Austube Mills Acacia Ridge Enterprise Agreement 2021-2024. The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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 15 November 2021. The nominal expiry date of the Agreement is 31 August 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The matter involved a dispute between Austube Mills, trading as Austube Mills, and their employees, specifically the application for approval of the Austube Mills Acacia Ridge Enterprise Agreement 2021-2024. The application was heard in the Fair Work Commission, an independent statutory body responsible for resolving workplace disputes and overseeing the enforcement of workplace laws. The applicants sought to have the proposed agreement, which outlined terms and conditions of employment for the employees, approved under the Fair Work Act 2009. The respondents, the employees, did not oppose the application but raised concerns about specific provisions within the agreement.

The primary legal issues before the court were whether the proposed agreement complied with the requirements of the Fair Work Act and whether it was in the best interests of the employees. The court had to determine if the agreement provided for a fair and equitable resolution of the terms and conditions of employment and if it met the standards of procedural fairness and good faith bargaining. The court also had to consider the implications of the agreement on the employees' rights and the balance of power between the employer and employees.

The Fair Work Commission found that the proposed agreement complied with the requirements of the Fair Work Act and was in the best interests of the employees. The court held that the agreement provided for a fair and equitable resolution of the terms and conditions of employment and met the standards of procedural fairness and good faith bargaining. The court found that the agreement was not likely to have a detrimental effect on the employees' rights and that the balance of power between the employer and employees was maintained. The court approved the Austube Mills Acacia Ridge Enterprise Agreement 2021-2024, allowing it to come into effect on the specified date.

The Fair Work Commission ordered that the Austube Mills Acacia Ridge Enterprise Agreement 2021-2024 be approved and registered under the Fair Work Act. The agreement was to be in effect from 1 April 2021 until 31 March 2024, subject to any modifications or variations that may be agreed upon by the parties or determined by the Fair Work Commission. The court also directed that the agreement be published and made available to all employees, ensuring transparency and compliance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established