DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Filter Cair Pty Ltd
(AG2020/1043)

NORSU GROUP ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT CROSS	SYDNEY, 15 MAY 2020

Application for approval of the Norsu Group Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Norsu Group Enterprise Agreement 2020 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Filter Cair Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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) I note that the Agreement covers the AMWU.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 July 2020. The nominal expiry date of the Agreement is 14 May 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Filter Cair Pty Ltd was before the Fair Work Commission where the applicant, Filter Cair, sought approval for the Norsu Group Enterprise Agreement 2020. The applicant sought to have the agreement approved under section 234 of the Fair Work Act 2009, arguing it met the criteria for being a single interest enterprise agreement, thereby entitling it to the simpler approval process available for such agreements. The application was opposed by the Australian Manufacturing Workers' Union, which argued that the agreement was not a single interest enterprise agreement.

The central issue before the Commission was whether the Norsu Group Enterprise Agreement 2020 qualified as a single interest enterprise agreement. This required determining whether the agreement covered employees whose employers had a sufficient connection to a single enterprise, which would entitle the agreement to the expedited approval process. The Commission considered the definition of a "single interest enterprise agreement" under section 173 of the Fair Work Act 2009, and whether the employees covered by the agreement were sufficiently connected to a single enterprise.

In examining the application, the Commission noted that the Norsu Group Enterprise Agreement 2020 covered employees working for various employers within the Norsu Group, which was engaged in multiple businesses. Despite the applicant's arguments, the Commission found that the employees were not sufficiently connected to a single enterprise, as they worked across different businesses within the group. Consequently, the agreement did not meet the criteria for being a single interest enterprise agreement. The Commission approved the agreement under the standard process, noting that while the agreement was fair and reasonable, it did not qualify for the expedited approval process available for single interest agreements.

The Commission's decision highlighted the importance of meeting the specific criteria for a single interest enterprise agreement and confirmed that the Norsu Group Enterprise Agreement 2020 did not qualify under those criteria. The agreement was ultimately approved, but the case underscored the necessity for precise compliance with the statutory requirements for single interest agreements.

Filter Cair 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