AWH Pty Ltd

[2017] FWCA 5970

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

AWH Pty Ltd

(AG2017/4909)

AWH - National Union of Workers Collective Agreement 2017

Wool storage, sampling and testing industry
Commissioner Cirkovic	MELBOURNE, 14 NOVEMBER 2017

Application for approval of the AWH - National Union of Workers Collective Agreement 2017.

An application has been made for approval of an enterprise agreement known as the AWH - National Union of Workers Collective Agreement 2017 (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.

The Applicant 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.

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.

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.

The Agreement was approved on 14 November 2017 and, in accordance with s.54, will operate from 21 November 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, AWH Pty Ltd, sought approval of a collective agreement with the National Union of Workers under the Fair Work Act 2009. The application was made to the Fair Work Commission, which exercises jurisdiction over such matters. The dispute centred on whether the agreement was in the public interest and complied with the provisions of the Act. The primary concern was the agreement's impact on workers' rights and the overall fairness of the terms negotiated.

The legal issues before the Commission included the assessment of whether the agreement met the threshold for being deemed in the public interest, as well as the compliance of its terms with the Fair Work Act. Specifically, the Commission had to determine if the agreement appropriately balanced the interests of employers and employees, ensuring that it did not unduly disadvantage any party. Additionally, the Commission examined whether the agreement adequately provided for the resolution of disputes and the protection of employee rights.

In its decision, the Commission thoroughly analysed the terms of the agreement, considering the implications for both employers and employees. It concluded that the agreement was in the public interest and did not undermine the fundamental protections provided by the Act. The Commission found that the agreement was fair and reasonable, and it approved the collective agreement accordingly. The detailed reasoning included an assessment of the provisions regarding wages, working conditions, dispute resolution mechanisms, and the protection of employee rights. The Commission's approval was based on its determination that the agreement met the statutory requirements and served the interests of all parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established