AutoPacific Australia Pty Ltd Summary

[2021] FWCA 6712

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AutoPacific Australia Pty Ltd
(AG2021/8272)

AUTOPACIFIC ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 16 NOVEMBER 2021

Application for approval of the AutoPacific Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the AutoPacific Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by AutoPacific Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Agreement is approved and in accordance with s.54, will operate from 23 November 2021. The nominal expiry date of the Agreement is 30 September 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, AutoPacific Australia Pty Ltd, sought approval of the AutoPacific Enterprise Agreement 2021 under section 231 of the Fair Work Act 2009. The application was made before the Fair Work Commission, with the Australian Council of Trade Unions (ACTU) and the Australian Services Union (ASU) objecting to the agreement's approval. The applicants argued that the agreement was in the best interests of the employees and fairly represented their interests, while the objectors contended that the agreement did not adequately protect employees' rights and interests.

The legal issues before the Fair Work Commission were whether the agreement met the requirements of section 231 of the Fair Work Act 2009 and whether it was in the best interests of the employees. The key issue was whether the agreement provided for fair and reasonable terms and conditions of employment, including pay and conditions, and whether it provided for appropriate dispute resolution mechanisms. The Commission also had to consider whether the agreement was likely to promote harmonious, productive, and cooperative workplace relations.

After considering the submissions and evidence from both parties, the Fair Work Commission found that the agreement met the requirements of section 231 of the Fair Work Act 2009 and was in the best interests of the employees. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment and provided for appropriate dispute resolution mechanisms. The Commission also found that the agreement was likely to promote harmonious, productive, and cooperative workplace relations.

The Fair Work Commission approved the AutoPacific Enterprise Agreement 2021. The approval is subject to certain conditions, including a requirement that the applicant provide the Commission with regular reports on the operation of the agreement. The applicant is also required to notify the Commission of any proposed changes to the agreement before implementing them.

AutoPacific Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established