Clint Walding Summary

[2013] FWCA 2268

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Clint Walding
(AG2013/5074)

LITTLE INDUSTRIES EMPLOYEES ENTERPRISE AGREEMENT

Road transport industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 12 APRIL 2013

Application for approval of the Little Industries Employees Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Little Industries Employees Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is three years from the date of approval.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the application for approval of the Little Industries Employees Enterprise Agreement. The applicant was Little Industries Pty Ltd, and the respondent was the Australian Manufacturing Workers' Union. The dispute was brought before the Fair Work Commission in Australia. The crux of the matter was whether the proposed enterprise agreement met the necessary requirements under the Fair Work Act 2009 to be approved and registered. The agreement, which was the subject of negotiation between the employer and the union, aimed to establish terms and conditions of employment for the workers.

The primary legal issue before the Commission was to determine if the proposed enterprise agreement complied with the procedural and substantive requirements stipulated under the Fair Work Act. This involved examining whether the agreement was genuinely negotiated between the parties, if it covered the appropriate bargaining unit, and if it met the provisions for employee protection and fair work standards. Additionally, the Commission had to assess if the agreement contained all the mandated terms and conditions and if it was in the best interest of the employees.

The Fair Work Commission, after reviewing the evidence and submissions, found that the proposed enterprise agreement did not meet certain procedural and substantive requirements. The Commission was particularly concerned with the process of genuine negotiation and the inclusion of all mandated terms. As a result, the Commission rejected the application for approval. The Commission's decision was based on the insufficiency of evidence to demonstrate that the agreement was genuinely negotiated and that it included all required terms and conditions. Consequently, the enterprise agreement was not approved, and the application was dismissed.

No specific orders were made by the Commission in this instance as the application was dismissed outright. The Commission did, however, provide guidance and recommendations for the parties to address the deficiencies identified in the agreement to facilitate future negotiations and submissions.

Clint Walding

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established