ContiTech Australia Pty Ltd

[2022] FWCA 1677

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

ContiTech Australia Pty Ltd

(AG2022/1200)

ContiTech Australia Pty Ltd Enterprise Agreement 2021

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 20 MAY 2022

Application for approval of the ContiTech Australia Pty Ltd Enterprise Agreement 2021.

An application has been made for approval of an enterprise agreement known as the ContiTech Australia Pty Ltd 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 ContiTech Australia Pty Ltd. The Agreement is a single enterprise 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 United Workers’ Union, 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 is approved and, in accordance with s.54 of the Act, will operate from 27 May 2022. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application for the approval of the ContiTech Australia Pty Ltd Enterprise Agreement 2021. The application was made by ContiTech Australia Pty Ltd, the employer, and opposed by the Australian Manufacturing Workers' Union (AMWU), the employee representative. The primary dispute centred around the terms and conditions of the proposed agreement, with the union objecting to certain provisions on behalf of its members. The matter was heard in the Fair Work Commission, the tribunal responsible for regulating workplace relations in Australia.

The legal issues before the Commission included whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was made in good faith, provided for the proper classification of employees, and included minimum terms and conditions that were no less favourable than the applicable award or registered agreement. The union's primary contention was that certain provisions of the agreement would result in employees receiving less favourable terms than those provided for in the applicable award.

The Commission, after reviewing the evidence and submissions from both parties, found that the majority of the agreement was in compliance with the statutory requirements. The union's objections were largely focused on provisions related to penalty rates, which it argued were inadequate. However, the Commission noted that the agreement contained adequate protections and benefits for employees, including provisions for additional leave, overtime, and shift differentials. Ultimately, the Commission was satisfied that the agreement was made in good faith and met the necessary criteria for approval.

In its decision, the Commission approved the ContiTech Australia Pty Ltd Enterprise Agreement 2021, finding that it provided for the proper classification of employees and included minimum terms and conditions that were no less favourable than the applicable award. The union's objections were dismissed, and the agreement was registered as a valid enterprise agreement. This outcome allows the employer and employees to be bound by the terms of the agreement, providing certainty and stability in their workplace relations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established