DECISION

Fair Work Act 2009
s.185—Enterprise agreement

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)
(AG2018/147)

AA GASKETS PTY LTD ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 30 MAY 2018

Application for approval of the AA Gaskets Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the AA Gaskets Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU). The Agreement is a single enterprise agreement.

[2] AA Gaskets Pty Ltd 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] 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.

[6] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 June 2018. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, also known as the Australian Manufacturing Workers' Union, an application was made to the Fair Work Commission (FWC) for the approval of the AA Gaskets Pty Ltd Enterprise Agreement 2017. The AMWU sought to have the agreement recognised as a registered enterprise agreement under the Fair Work Act 2009. The dispute involved the terms and conditions of employment for employees of AA Gaskets Pty Ltd, specifically regarding wages, conditions, and other employment-related matters.

The primary legal issues the FWC was required to address were whether the enterprise agreement complied with the formal requirements under the Fair Work Act, and whether the agreement had been made in good faith and without the influence of any coercive or improper conduct. The FWC had to ensure that the agreement was fair and reasonable, considering the interests of both the employees and the employer. Additionally, the AMWU needed to demonstrate that the agreement had been appropriately negotiated and that the employees had been adequately informed about the agreement.

In delivering its decision, the FWC first confirmed that the agreement met the formal requirements outlined in the Fair Work Act. The FWC found that the agreement was clear, precise, and included all necessary particulars, such as the names of the parties involved, the date of the agreement, and the duration of its operation. The FWC also determined that the agreement had been made in good faith and without any coercive or improper conduct. The FWC took into account the evidence provided by the AMWU and AA Gaskets Pty Ltd, which demonstrated that the agreement had been negotiated through a genuine and collaborative process. Furthermore, the FWC was satisfied that the employees had been adequately informed about the agreement and had an opportunity to seek legal advice before voting on the agreement.

Based on its findings, the FWC approved the AA Gaskets Pty Ltd Enterprise Agreement 2017 as a registered enterprise agreement under the Fair Work Act. The agreement was registered on the date of the decision, and the terms and conditions outlined in the agreement became legally binding on the parties involved. The FWC's decision provided certainty and stability for both the employees and the employer, ensuring that the agreement would be upheld and enforced in accordance with the provisions of the Fair Work Act.

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established