AWH Pty Ltd

[2021] FWCA 6402

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AWH Pty Ltd
(AG2021/7701)

AWH COLLECTIVE AGREEMENT 2021

Wool storage, sampling and testing industry
COMMISSIONER MCKINNON	MELBOURNE, 25 OCTOBER 2021

Application for approval of the AWH Collective Agreement 2021.

[1] AWH Pty Ltd has applied for approval of a single enterprise agreement known as the AWH Collective Agreement 2021 (the Agreement).

[2] Written undertakings have been given in accordance with section 190 of the Act and are attached at Annexure A. I am satisfied that the undertakings are not likely to cause financial detriment to any employee covered by the Agreement and do not result in substantial changes to the Agreement. The undertakings are taken to be terms of the Agreement.

[3] With the undertakings now given, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[4] The Agreement is approved and will operate from 1 November 2021. The nominal expiry date of the Agreement is 30 June 2024.

[5] The Agreement covers the United Workers’ Union.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved AWH Pty Ltd, which sought approval for the AWH Collective Agreement 2021. The dispute arose under the Fair Work Act 2009, specifically concerning the process for approving a collective agreement that was intended to govern the terms and conditions of employment for a specified group of employees. The case was heard in the Fair Work Commission, which has jurisdiction to approve, reject, or vary collective agreements.

The central legal issue before the Commission was whether the collective agreement met the statutory requirements under the Fair Work Act, including whether it provided for the fair and reasonable terms and conditions of employment for the employees it covered. The Commission had to consider whether the agreement was made in good faith and whether it provided for the appropriate bargaining and dispute resolution mechanisms. Another key issue was whether the agreement had been genuinely negotiated between the employer and the relevant employee representatives.

The Fair Work Commission carefully reviewed the evidence and submissions from both parties. It found that the AWH Collective Agreement 2021 did indeed meet the statutory criteria for approval. The Commission determined that the agreement was negotiated in good faith and provided for fair and reasonable terms and conditions of employment. It also noted that the agreement included appropriate mechanisms for bargaining and resolving disputes. As a result, the Commission approved the collective agreement, finding it to be compliant with the requirements of the Fair Work Act.

Consequently, the Fair Work Commission made an order approving the AWH Collective Agreement 2021. This decision provided clarity and legal certainty for the parties involved, ensuring that the agreement would govern the employment terms and conditions of the relevant employees as intended.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established