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)
(AG2017/5021)

USI PTY LTD GEELONG AREA AGREEMENT 2017-2020

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 DECEMBER 2017

Application for approval of the USI Pty Ltd Geelong Area Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the USI Pty Ltd Geelong Area Agreement 2017-2020 (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] 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.

[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] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 December 2017. 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

The case involves an application by the Australian Manufacturing Workers’ Union (AMWU) to the Fair Work Commission (FWC) for the approval of the USI Pty Ltd Geelong Area Agreement 2017-2020. The dispute centres around the union's request for the agreement to be registered as a registered agreement under the Fair Work Act 2009 (Cth). The application was made by the AMWU on behalf of its members employed by USI Pty Ltd, a company operating in the Geelong area.

The legal issues before the Commission included whether the agreement met the requirements of section 230 of the Fair Work Act, which mandates that an agreement must provide for a system for resolving disputes between employers and employees. The Commission also had to consider if the agreement complied with the good faith bargaining requirements and whether it was in the best interests of the employees. Furthermore, the Commission needed to determine whether the agreement provided for adequate protections for employees, particularly concerning pay and conditions.

In its decision, the Commission found that the agreement did not provide for a system for resolving disputes as required by section 230 of the Fair Work Act. The agreement failed to establish a formal dispute resolution process, which was a fundamental requirement. The Commission also highlighted that the agreement did not adequately protect employees' interests in terms of pay and conditions. Despite acknowledging the union's efforts in negotiating the agreement, the Commission concluded that the agreement did not meet the necessary standards for approval. Consequently, the application for approval was dismissed.

The Commission did not make any orders as the application for approval was dismissed. The Geelong Area Agreement 2017-2020 did not receive the necessary endorsement from the Fair Work Commission and thus remains unregistered.

“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