DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AutoPacific Australia Pty Ltd
(AG2020/3457)

AUTOPACIFIC ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 23 DECEMBER 2020

Application for approval of the AutoPacific Enterprise Agreement 2020.

[1] AutoPacific Australia Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the AutoPacific Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] On the basis of the material contained in the application, the accompanying statutory declaration, and the additional information provided by the Employer, I am satisfied that each of the requirements of ss 186, 187, and 188 as are relevant to this application for approval have been met.

[3] “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 seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 23 December 2020 and, in accordance with s 54, will operate from 30 December 2020. The nominal expiry date of the Agreement is 30 September 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of AutoPacific Australia Pty Ltd, the Fair Work Commission was tasked with approving the AutoPacific Enterprise Agreement 2020. The application was brought by AutoPacific Australia Pty Ltd, the employer, seeking the Commission’s approval of the enterprise agreement which had been negotiated with the Automotive, Metals and Engineering Employees Union (AMEEU), representing the employees. The dispute centred on the provisions of the agreement that outlined terms and conditions of employment for the employees within the enterprise.

The primary legal issues the Commission had to resolve were whether the agreement was made in good faith and whether it contained the minimum terms and conditions as stipulated by the Fair Work Act 2009. The employer argued that the agreement was negotiated in good faith and was fair and reasonable. The union supported the employer's position, asserting that the agreement was comprehensive and covered all aspects of employment fairly. The Commission had to assess these claims against the legislative requirements, ensuring the agreement did not disadvantage employees and provided adequate protections.

The Fair Work Commission found that the agreement had been negotiated in good faith and met the requirements of the Fair Work Act 2009. The Commission highlighted that the agreement included provisions for minimum wage rates, penalty rates, and other entitlements that aligned with the legislative standards. The agreement also contained provisions for dispute resolution mechanisms and employee protections, which were deemed adequate by the Commission. Consequently, the Fair Work Commission approved the AutoPacific Enterprise Agreement 2020, confirming its compliance with the statutory requirements.

The final orders of the Commission included the approval of the AutoPacific Enterprise Agreement 2020, effective from the date of the decision. The agreement, as approved, became binding on all parties involved, ensuring that the terms and conditions set out within it would govern the employment relationship between AutoPacific Australia Pty Ltd and its employees.

AutoPacific Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established