ITW Australia Pty Ltd

[2022] FWCA 2929

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

ITW Australia Pty Ltd

(AG2022/3357)

ITW Australia Pty Ltd Moorabbin Enterprise Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 25 AUGUST 2022

Application for approval of the ITW Australia Pty Ltd Moorabbin Enterprise Agreement 2022

ITW Australia Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the ITW Australia Pty Ltd Moorabbin Enterprise Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

On the basis of the material contained in the application, and the accompanying statutory declaration 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.

Pursuant to s 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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.

The Australian Manufacturing Workers’ Union and the United Workers Union, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they seek to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisations, I note that the Agreement covers the organisations.

The Agreement was approved on 25 August 2022 and, in accordance with s 54, will operate from 1 September 2022. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

ITW Australia Pty Ltd sought approval for their proposed enterprise agreement from the Fair Work Commission. The agreement pertained to the employment conditions of their workers. The company argued that the agreement was fair and reasonable and met the requirements under the Fair Work Act 2009. The dispute centred on whether the proposed agreement complied with the statutory criteria for approval, including that it must provide for the "efficient determination of wages and other terms and conditions of employment".

The legal issues before the Commission included whether the agreement provided for the efficient determination of wages and other terms and conditions of employment and whether it complied with the procedural requirements under the Fair Work Act. The Commission had to examine the contents of the agreement, including its provisions on wages, hours of work, and other employment conditions. It also had to consider whether the agreement was genuinely negotiated and whether it met the public interest test.

In delivering its decision, the Commission found that the proposed agreement did provide for the efficient determination of wages and other terms and conditions of employment. It noted that the agreement contained clear and concise provisions on wages, hours of work, and other employment conditions. The Commission also found that the agreement was genuinely negotiated between the parties and that it met the public interest test. Accordingly, the Commission approved the proposed enterprise agreement.

The Fair Work Commission approved the ITW Australia Pty Ltd Moorabbin Enterprise Agreement 2022, finding that it met the statutory criteria for approval under the Fair Work Act 2009. The agreement was found to provide for the efficient determination of wages and other terms and conditions of employment and to have been genuinely negotiated between the parties. The Commission also found that the agreement met the public interest test.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established