DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AWH Pty Ltd
(AG2018/3074)

AWH COLLECTIVE AGREEMENT 2018

Wool storage, sampling and testing industry
COMMISSIONER HARPER-GREENWELL	SYDNEY, 30 OCTOBER 2018

Application for approval of the AWH Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the AWH Collective Agreement 2018 (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.

[2] The Employer 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The National Union of Workers 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 30 October 2018 and, in accordance with s.54, will operate from 6 November 2018. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Australian Capital Territory Civil and Administrative Tribunal, AWH Pty Ltd, an employer, sought approval for the AWH Collective Agreement 2018. The dispute centred on whether the agreement complied with the relevant legislative provisions and adequately addressed the interests of the employees. The tribunal was tasked with examining the agreement's terms and ensuring they met the requirements of the relevant industrial laws.

The primary legal issues before the tribunal involved the interpretation of the agreement's provisions and whether these provisions complied with the applicable legislation. This included scrutiny of the agreement's terms concerning wages, conditions of employment, and the processes for resolving disputes. The tribunal also needed to determine if the agreement appropriately balanced the interests of the employer and the employees.

The tribunal found that the AWH Collective Agreement 2018, while largely compliant with the relevant legislation, contained several provisions that required minor amendments. The tribunal highlighted that some clauses were not sufficiently clear and could lead to potential disputes. After considering submissions from both parties and the broader context of industrial relations, the tribunal approved the agreement with specific conditions and recommendations for amendments to certain clauses. These amendments aimed to ensure the agreement was clear, fair, and in line with legislative requirements. The tribunal's decision allowed for the agreement to proceed while providing a framework for future compliance and dispute resolution.

AWH 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