DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Austube Mills Pty Ltd T/A Austube Mills
(AG2020/4144)

AUSTUBE MILLS NEWCASTLE ENTERPRISE AGREEMENT 2020-2023

Manufacturing and associated industries
COMMISSIONER WILLIAMS	PERTH, 26 FEBRUARY 2021

Application for approval of the Austube Mills Newcastle Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the Austube Mills Newcastle Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Austube Mills Pty Ltd T/A Austube Mills. 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 AWU, AMWU, and the CEPU being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 March 2021. The nominal expiry date of the Agreement is 31 August 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Austube Mills Pty Ltd, trading as Austube Mills, applied for the approval of the Austube Mills Newcastle Enterprise Agreement 2020-2023. The Fair Work Commission (FWC) was tasked with determining whether the agreement met the legal requirements under the Fair Work Act 2009. The dispute involved whether the agreement provided adequate protections and terms for the employees of Austube Mills in the Newcastle region.

The legal issues before the FWC included whether the agreement complied with the provisions of the Fair Work Act, particularly regarding the process of its negotiation, the fairness of its terms, and the adequacy of the agreement's provisions for employee protection and representation. The FWC also needed to consider whether the agreement provided for appropriate mechanisms to address any disputes that might arise during its operation.

In its decision, the FWC considered the submissions from both Austube Mills and the unions involved, as well as the evidence presented. The FWC found that the agreement was negotiated in good faith and that it provided fair and reasonable terms for the employees. The FWC was satisfied that the agreement met the necessary criteria under the Fair Work Act and did not contain any provisions that would undermine the rights of the employees. Consequently, the FWC approved the Austube Mills Newcastle Enterprise Agreement 2020-2023.

The FWC's final order was to approve the Austube Mills Newcastle Enterprise Agreement 2020-2023, effective from the date of the decision. The agreement was deemed to provide fair and reasonable terms for the employees and was consistent with the requirements of the Fair Work Act.

Austube Mills Pty Ltd T/A Austube Mills

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established