Great Western Corporation Pty Ltd T/A Agpoint Australia

[2024] FWCA 3800

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Great Western Corporation Pty Ltd T/A Agpoint Australia

(AG2024/3809)

Manufacturing and associated industries
COMMISSIONER THORNTON	ADELAIDE, 30 OCTOBER 2024

Application for approval of the Great Western Corporation Pty Ltd (Process and Maintenance) Enterprise Agreement 2024/2026

An application has been made for approval of an enterprise agreement known as the Great Western Corporation Pty Ltd (Process and Maintenance) Enterprise Agreement 2024/2026 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Great Western Corporation Pty Ltd T/A Agpoint Australia (the Applicant). The Agreement is a single enterprise agreement.

The Applicant provided a Notice of Employee Representational Rights (NERR) on 15 February 2024 that was reissued to correct the name of the Agreement in the NERR on 6 March 2024. Despite this, I am satisfied that the Agreement has been genuinely agreed to by the employees covered by the Agreement. To the extent this is a minor technical error, I have disregarded it in accordance with s.188(5)(a) as I am satisfied that employees were not likely to have been disadvantaged by the error.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

Clause 23.3 of the Agreement, addressing the withholding of monies due to an employee in the event of insufficient notice on termination, may be inconsistent with the National Employment Standards (NES). Noting clause 6.2 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) 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 in accordance with s.54 of the Act from 6 November 2024. The nominal expiry date of the Agreement is 6 November 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Great Western Corporation Pty Ltd trading as Agpoint Australia, which sought approval for the Great Western Corporation Pty Ltd (Process and Maintenance) Enterprise Agreement 2024/2026. The Fair Work Commission, under Commissioner Thornton, was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The applicant submitted an application under section 185 of the Act, and the Australian Manufacturing Workers’ Union lodged a notice under section 183 of the Act indicating its desire for the agreement to cover its members.

The central legal issues before the court were whether the agreement had been genuinely negotiated and agreed upon by the employees, whether the agreement complied with all relevant sections of the Act, and whether there were any inconsistencies between the agreement and the National Employment Standards. The court also had to consider whether the agreement should cover the Australian Manufacturing Workers’ Union, as per section 201(2) of the Act. Additionally, the court examined whether the minor technical error in the Notice of Employee Representational Rights could be disregarded under section 188(5)(a) of the Act.

The court found that the agreement had been genuinely agreed upon by the employees, despite the minor technical error in the Notice of Employee Representational Rights, which was disregarded as it did not disadvantage the employees. The court was satisfied that all relevant requirements under sections 186, 187, and 188 of the Act were met. Regarding the inconsistency with the National Employment Standards, the court determined that the more beneficial entitlements of the NES would prevail. Finally, the court noted that the agreement covered the Australian Manufacturing Workers’ Union, as per section 201(2) of the Act.

The Fair Work Commission approved the agreement, which will operate in accordance with section 54 of the Act from 6 November 2024, with a nominal expiry date of 6 November 2026.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established