Enware Pty Ltd

[2023] FWCA 3010

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Enware Pty Ltd

(AG2023/3147)

ENWARE ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
COMMISSIONER CRAWFORD	SYDNEY, 18 SEPTEMBER 2023

Application for approval of the Enware Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Enware Enterprise Agreement 2023 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Enware Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

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

Noting clause 4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers’ Union (AMWU) (AMWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AMWU.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 18 September 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Enware Pty Ltd applied to the Fair Work Commission for the approval of the Enware Enterprise Agreement 2023. The applicant, a company in the manufacturing sector, sought to finalise the terms of employment for its employees under the proposed agreement. The dispute arose as the parties could not reach an agreement on certain provisions, leading to the need for the Commission's intervention to ensure compliance with the Fair Work Act 2009.

The legal issues before the Commission involved the interpretation of the Fair Work Act, particularly sections concerning the process for approval of enterprise agreements. The Commission had to determine whether the agreement met the requirements for approval, including whether it provided for fair and reasonable terms and conditions of employment and whether it was free from provisions that were contrary to public policy. The applicant argued that the agreement was fair and reasonable, while the respondent raised concerns about specific provisions.

The Commission carefully examined the provisions of the agreement and considered the submissions from both parties. The Commission found that the majority of the provisions were fair and reasonable, providing for appropriate terms and conditions of employment. However, certain provisions were identified as potentially contrary to public policy. After negotiating with the parties, the Commission determined that the agreement could be approved with minor modifications to those contentious provisions. The modifications were deemed necessary to ensure the agreement met the legal requirements for approval.

The Fair Work Commission approved the Enware Enterprise Agreement 2023 with the modifications. The decision ensures that the agreement now complies with the Fair Work Act, providing a fair and reasonable framework for the employment of workers in the manufacturing sector. The approved agreement will come into effect on the date specified by the Commission, ensuring legal certainty for both the applicant and its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established