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

[2013] FWCA 4072

FAIR WORK COMMISSION

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)
(AG2013/1338)

AUSTRALIAN MULTIWALL BAG COMPANY PTY LTD WORKPLACE AGREEMENT 2013

Manufacturing and associated industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 24 JUNE 2013

Application for approval of the Australian Multiwall Bag Company Pty Ltd Workplace Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Australian Multiwall Bag Company Pty Ltd Workplace Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the “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 Applicant 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 “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.

[5] The Agreement was approved on 24 June 2013 and, in accordance with s.54, will operate from 1 July 2013. The nominal expiry date of the Agreement is 31 March 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, the Australian Manufacturing Workers’ Union, applied for approval of the Australian Multiwall Bag Company Pty Ltd Workplace Agreement 2013, which was made between the union and the respondent, Australian Multiwall Bag Company Pty Ltd. The application was heard by the Fair Work Commission. The central issue before the commission was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the commission had to determine if the agreement was made in good faith and if it provided for the terms and conditions of employment fairly and reasonably.

The commission examined the terms of the agreement and the process through which it was negotiated. The union argued that the agreement was made in good faith and provided fair and reasonable terms for the employees. The company also supported the agreement, stating that it was negotiated fairly and was in the best interests of both parties. The commission assessed the evidence provided and considered the nature of the negotiations, the terms of the agreement, and whether there was any evidence of coercion or bad faith. The commission found that the agreement was made in good faith and provided for the terms and conditions of employment fairly and reasonably.

Accordingly, the commission approved the Australian Multiwall Bag Company Pty Ltd Workplace Agreement 2013. The agreement was deemed to be compliant with the relevant provisions of the Fair Work Act 2009. The decision was based on the evidence presented and the commission's determination that the agreement met the necessary criteria for approval. The final order of the commission was that the agreement be approved, effective from the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established