Elster Metering Pty Ltd

[2021] FWCA 5822

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Elster Metering Pty Ltd
(AG2021/7068)

ELSTER METERING PTY LTD AND AWU ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 14 SEPTEMBER 2021

Application for approval of the Elster Metering Pty Ltd and AWU Enterprise Agreement 2021.

[1] Elster Metering Pty Ltd has applied for approval of a single enterprise agreement known as the Elster Metering Pty Ltd and AWU Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which the application was made, and do so pursuant to s.586(b).

[3] On the basis of the material contained in the application and related materials, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[5] The Agreement was approved on 14 September 2021 and, in accordance with s.54, will operate from 21 September 2021. The nominal expiry date of the Agreement is 1 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission concerned the approval of the Elster Metering Pty Ltd and AWU Enterprise Agreement 2021. Elster Metering Pty Ltd is an Australian company involved in manufacturing and supplying metering and data management systems. The Australian Workers' Union (AWU) represents the employees of Elster Metering Pty Ltd. The dispute arose when the AWU sought approval for the enterprise agreement, which outlined the terms and conditions of employment for the employees of Elster Metering Pty Ltd. The primary legal issues before the court were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009 and whether it complied with the provisions for "better off overall" testing. The court had to determine if the agreement provided employees with terms and conditions that were no worse than the applicable awards and if it was made in good faith.

The court examined the evidence presented by both parties and considered the statutory criteria for approving an enterprise agreement. It found that the agreement satisfied the legal requirements, including the "better off overall" test, which mandates that employees should not be worse off financially under the agreement than they would be under the relevant award. The court concluded that the agreement provided employees with improved conditions and benefits, thus meeting the statutory criteria for approval. Additionally, the court determined that the agreement was made in good faith, as there was no evidence to suggest otherwise. The evidence indicated that the negotiation process was transparent, and both parties engaged in the process with the intent to reach a fair and reasonable agreement.

In light of the court's findings, the Fair Work Commission approved the Elster Metering Pty Ltd and AWU Enterprise Agreement 2021. The court's decision was based on the conclusion that the agreement met the statutory requirements for approval and provided employees with improved terms and conditions of employment. The approval of the agreement signifies a legally binding contract between Elster Metering Pty Ltd and the AWU, governing the employment conditions of the employees for the specified period. The final orders of the court included the approval of the enterprise agreement, effective from the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established