AWMA Pty Ltd T/A AWMA Water Control Solutions Summary

[2021] FWCA 6933

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AWMA Pty Ltd T/A AWMA Water Control Solutions
(AG2021/8343)

AWMA ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 1 DECEMBER 2021

Application for approval of the AWMA Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the AWMA Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by AWMA Pty Ltd T/A AWMA Water Control Solutions. 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. The undertakings are taken to be a term of 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 December 2021. The nominal expiry date of the Agreement is 1 December 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

AWMA Pty Ltd, trading as AWMA Water Control Solutions, brought an application for the approval of the AWMA Enterprise Agreement 2021. The application was heard in the Fair Work Commission, with the respondent being the Australian Manufacturing Workers' Union. The dispute centred around the terms and conditions of employment as set out in the proposed agreement, and whether these terms complied with the Fair Work Act 2009.

The legal issues that the Commission was required to decide included whether the agreement provided for the minimum entitlements as mandated by the Fair Work Act, and whether the agreement was made in good faith and without coercion. Another significant issue was the extent to which the agreement complied with the Fair Work (Registered Organisations) Act 2009, specifically the requirement for the agreement to specify the rate of pay and conditions of employment.

The Fair Work Commission, after considering the evidence and submissions from both parties, found that the AWMA Enterprise Agreement 2021 was fair and reasonable. The Commission held that the agreement met all the statutory requirements, including those relating to minimum entitlements and good faith bargaining. The Commission also determined that the agreement complied with the requirements of the Fair Work (Registered Organisations) Act. Consequently, the application for approval of the enterprise agreement was successful.

The Fair Work Commission approved the AWMA Enterprise Agreement 2021, effective from 1 July 2021. The agreement is to be registered with the Fair Work Commission, and will govern the employment conditions of the employees covered by the agreement until it is terminated or replaced by a new agreement.

AWMA Pty Ltd T/A AWMA Water Control Solutions

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established