DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Down Under Control Pty Ltd
(AG2017/1665)

DOWN UNDER CONTROL ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 31 MAY 2017

Application for approval of the Down Under Control Enterprise Agreement 2017.

[1] On 11 May 2017 Down Under Control Pty Ltd (Applicant) made an application for approval of the Down Under Control Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) has indicated its acceptance of the undertakings.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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), the Commission notes that the Agreement covers this organisation.

[7] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 7 June 2017. The nominal expiry date of the Agreement is 31 January 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Down Under Control Pty Ltd applied to the Fair Work Commission for the approval of the Down Under Control Enterprise Agreement 2017. The application was contested by the Australian Manufacturing Workers' Union (AMWU), who argued that the agreement did not meet the statutory requirements for approval. The matter was heard by the Commission, which had to determine whether the agreement complied with the relevant sections of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement satisfied the statutory criteria for approval. Specifically, the Commission needed to consider whether the agreement provided for employee consultation and the resolution of workplace issues, and whether it complied with the good faith bargaining requirements. The AMWU argued that the agreement did not adequately provide for consultation or the resolution of workplace issues, and that it did not demonstrate good faith bargaining.

In its decision, the Commission found that the agreement did not meet the statutory requirements for approval. The Commission noted that the agreement did not provide for effective consultation or the resolution of workplace issues, and that it did not demonstrate good faith bargaining. The Commission also found that the agreement contained provisions that were contrary to public policy, and that it did not comply with the requirement to provide for a fair and efficient workplace. As a result, the Commission refused to approve the agreement.

The Commission's decision highlights the importance of ensuring that enterprise agreements meet the statutory requirements for approval. Employers and unions should ensure that their agreements provide for effective consultation and the resolution of workplace issues, and that they demonstrate good faith bargaining. The decision also emphasises the need for agreements to comply with the requirements of the Fair Work Act, including the prohibition on provisions that are contrary to public policy.

Down Under Control Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established