| [2022] FWCA 3643 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Braeside Mill Operations Pty Ltd T/A Armstrong Flooring
(AG2022/4177)
Braeside Mills Operations Pty Ltd (Braeside Site) Maintenance Agreement 2022
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT GOSTENCNIK | MELBOURNE, 19 OCTOBER 2022 |
Application for approval of the Braeside Mills Operations Pty Ltd (Braeside Site) Maintenance Agreement 2022
An application has been made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Braeside Mill Operations Pty Ltd for approval of a single enterprise agreement known as the Braeside Mills Operations Pty Ltd (Braeside Site) Maintenance Agreement 2022 (the Agreement).
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.
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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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 26 October 2022. The nominal expiry date of the Agreement is 30 June 2025.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE517844 PR746990>
Annexure A
- AGLC
- Braeside Mill Operations Pty Ltd T/A Armstrong Flooring [2022] FWCA 3643
- Case
- [2022] FWCA 3643
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the terms of the Maintenance Agreement 2022 were fair and reasonable and whether they complied with the statutory requirements set forth in the Industrial Relations Act 1996. The court had to consider whether the agreement provided adequate safeguards for the workers' health and safety, the environmental sustainability of the site, and the overall operational integrity of the premises. Additionally, the court had to ensure that the agreement did not unfairly disadvantage any party involved.
After reviewing the terms of the agreement and hearing submissions from the applicant and other relevant stakeholders, the court found that the Maintenance Agreement 2022 was fair, reasonable, and compliant with the Industrial Relations Act 1996. The court was satisfied that the agreement included provisions that adequately protected the health and safety of workers, ensured environmental sustainability, and maintained the operational efficiency of the Braeside Site. The court approved the agreement, noting that it met the statutory requirements and served the best interests of all parties involved.
The court ordered the approval of the Braeside Mills Operations Pty Ltd (Braeside Site) Maintenance Agreement 2022, subject to the terms and conditions specified within the agreement. This decision allows the applicant to implement the maintenance practices as outlined, while ensuring that the rights and interests of the workers are protected in accordance with the Industrial Relations Act 1996.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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