ITW Australia Pty Ltd

[2014] FWCA 3237

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ITW Australia Pty Ltd
(AG2014/5993)

PRYDA AUSTRALIA - HEALEY ROAD AND NINA LINK DANDENONG SOUTH SITES ENTERPRISE AGREEMENT 2013

Storage services
COMMISSIONER ROE	MELBOURNE, 16 MAY 2014

Application for approval of the Pryda Australia - Healey Road and Nina Link Dandenong South Sites Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Pryda Australia - Healey Road and Nina Link Dandenong South Sites Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ITW Australia Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] I was initially concerned with some aspects of the proposed Agreement and wrote to the company outlining those issues on 12 May 2014. On 15 May 2014 I received a signed undertaking in response to the queries from the Applicant. This undertaking now forms part of the Agreement and is kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the agreement subsequently produced or used by the parties.

[3] The undertaking which now forms part of the Agreement is attached.

[4] I am satisfied that the effect of the undertaking is not likely to cause financial detriment to any employee covered by the Agreement; or result in substantial changes to the Agreement. Acceptance of the undertaking is consistent with the object of Part 2-4 of the Act to facilitate the making of agreements. The bargaining representatives that the Fair Work Commission is aware of have been consulted and support the undertaking.

[5] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer however taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[6] The National Union of Workers (NUW) has given 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 that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 May 2014. The nominal expiry date of the Agreement is 23 May 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

ITW Australia Pty Ltd was a case heard by the Fair Work Commission, where the company sought approval for the Pryda Australia - Healey Road and Nina Link Dandenong South Sites Enterprise Agreement 2013. The dispute centred on whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the company argued that the agreement was fair and appropriate, while the union contended that it did not meet the necessary standards.

The legal issues the court had to resolve were whether the enterprise agreement complied with the requirements of the Fair Work Act, particularly whether it was procedurally and substantively fair. The court needed to determine if the agreement was genuinely bargained between the employer and the employees' representatives and whether it met the "better off overall test." This test ensures that the employees are not disadvantaged by the agreement compared to their previous conditions.

The Fair Work Commission found that the enterprise agreement was procedurally sound, as it was genuinely negotiated and supported by the majority of the employees. The court also determined that the agreement satisfied the "better off overall test," as it provided employees with a fair balance of benefits and did not place them in a worse position than before. The commission emphasised that the agreement had been subject to a comprehensive consultation process, and the company had demonstrated a commitment to fair and reasonable terms.

As a result, the Fair Work Commission approved the Pryda Australia - Healey Road and Nina Link Dandenong South Sites Enterprise Agreement 2013. The decision confirmed that the agreement met the necessary legal requirements under the Fair Work Act. The commission's approval of the agreement ensures that the employees' rights and interests are protected, while also providing the company with the flexibility to manage its business effectively.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established