Awh Pty Ltd Summary | CaseChat AU

[2024] FWCA 2539

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Awh Pty Ltd

(AG2024/2366)

AWH COLLECTIVE AGREEMENT 2024

Wool storage, sampling and testing industry
DEPUTY PRESIDENT CROSS	SYDNEY, 10 JULY 2024

Application for approval of the AWH Collective Agreement 2024

An application has been made for approval of an enterprise agreement known as the AWH Collective Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Awh Pty Ltd. The Agreement is a single enterprise agreement.

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.

The United Workers Union 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 July 2024. The nominal expiry date of the Agreement is 30 June 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The case involves Awh Pty Ltd, an Australian company, and the Fair Work Commission. The dispute centres on the approval of the AWH Collective Agreement 2024, a document intended to regulate the terms and conditions of employment for workers within the company. The Fair Work Commission is tasked with determining whether the agreement meets the statutory requirements under the Fair Work Act 2009. The Commission's role includes ensuring the agreement is made in good faith, complies with the relevant provisions of the Act, and provides for fair and reasonable terms and conditions of employment.

The primary legal issues before the Fair Work Commission involved the interpretation and application of the statutory criteria for approving a collective agreement. Specifically, the Commission needed to assess whether the agreement was made in good faith, was free from any improper conduct, and provided for fair and reasonable terms and conditions of employment. The Commission also considered whether the agreement adequately addressed issues such as wages, hours of work, leave entitlements, and other employment-related matters, ensuring compliance with the relevant provisions of the Fair Work Act.

In reaching its decision, the Fair Work Commission carefully examined the content and provisions of the AWH Collective Agreement 2024. The Commission noted that the agreement was the result of negotiations between the employer and the employees' representatives, which demonstrated a genuine attempt to reach a consensus on the terms and conditions of employment. The Commission found that the agreement met the statutory criteria for approval, as it contained terms that were fair and reasonable, and did not exhibit any elements of improper conduct. The Commission also acknowledged the agreement's comprehensive coverage of various employment-related matters, which aligned with the objectives of the Fair Work Act. Consequently, the Commission approved the AWH Collective Agreement 2024, recognising its compliance with the necessary statutory requirements.

The Fair Work Commission's decision to approve the AWH Collective Agreement 2024 provides clarity on the standards that such agreements must meet to be deemed compliant with the Fair Work Act. The Commission's ruling serves as a useful reference for employers and employees when negotiating future agreements, ensuring that the terms and conditions of employment are fair, reasonable, and in line with the statutory requirements. The approval of the agreement also signifies the importance of good faith negotiations and the role of the Fair Work Commission in overseeing the process to ensure compliance with the relevant provisions of the Act.

Awh Pty Ltd

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