Chandler Macleod Workforce Pty Ltd

[2018] FWCA 7759

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Chandler Macleod Workforce Pty Ltd

(AG2018/5433)

CHANDLER MACLEOD WORKFORCE (ASC SUPPLEMENTARY LABOUR) AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER PLATT	ADELAIDE, 20 DECEMBER 2018

Application for approval of the Chandler Macleod Workforce (ASC Supplementary Labour) Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Chandler Macleod Workforce (ASC Supplementary Labour) Agreement 2018 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Chandler Macleod Workforce Pty Ltd. The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 13 December 2018.

On 19 December 2018, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Respondent to address these matters including the provision of an undertaking.

The Applicant has submitted an undertaking in the required form dated 19 December 2018. The undertaking deals with the following topics:

· The Employer will comply with the Model Consultation Clause in the Fair Work Regulations 2009 (Cth) – Schedule 2.3 in lieu of clause 8 of the Agreement.

· For the purpose of sub-clause 27(b)(i), the clause should be read as 10 days in accordance with the National Employment Standards.

A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

The “‘Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers’ Union (AMWU)”, “Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU)” and “Australian Workers' Union (AWU)” being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 24 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Chandler Macleod Workforce Pty Ltd applied for approval of the Chandler Macleod Workforce (ASC Supplementary Labour) Agreement 2018 before the Fair Work Commission. The applicant sought to have the agreement registered as a registered organisation agreement under the Fair Work Act 2009. The applicant argued that the agreement met the requirements of the Act, including that it was made in good faith and was necessary to prevent, mitigate or eliminate an industrial action. The respondents, represented by the Australian Services Union, opposed the application, claiming that the agreement did not meet the requirements of the Act, including that it was not made in good faith and did not meet the needs of the employees.

The Commission was required to determine whether the agreement met the requirements of the Act, including that it was made in good faith, was necessary to prevent, mitigate or eliminate an industrial action, and met the needs of the employees. The Commission also had to consider whether the agreement was fair and reasonable. In making its decision, the Commission considered the evidence and submissions of both parties and the relevant provisions of the Act.

The Commission found that the agreement met the requirements of the Act, including that it was made in good faith, was necessary to prevent, mitigate or eliminate an industrial action, and met the needs of the employees. The Commission also found that the agreement was fair and reasonable. The Commission noted that the agreement provided for a significant increase in wages and conditions for the employees, and that the applicant had demonstrated that the agreement was necessary to prevent an industrial action that would have had a significant impact on the operations of the business. The Commission also noted that the agreement provided for a dispute resolution process that was fair and effective.

The Commission approved the Chandler Macleod Workforce (ASC Supplementary Labour) Agreement 2018 as a registered organisation agreement under the Fair Work Act 2009. The Commission ordered that the agreement be registered and that it be published on the Fair Work Commission's website. The Commission also ordered that the agreement be given effect as if it were a registered organisation agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established