DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ITW Australia Pty Ltd T/A Buildex Pty Ltd
(AG2016/5577)

ITW AUSTRALIA PTY LTD (RESIDENTIAL DIVISION) MOORABBIN MANUFACTURING ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 28 OCTOBER 2016

Application for approval of the ITW Australia Pty Ltd (Residential Division) Moorabbin Manufacturing Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the ITW Australia Pty Ltd (Residential Division) Moorabbin Manufacturing Enterprise Agreement 2016 (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 T/A Buildex Pty Ltd. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the National Union of Workers, being bargaining representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisations.

[6] The Agreement was approved on 28 October 2016 and, in accordance with s.54, will operate from 4 November 2016. The nominal expiry date of the Agreement is 30 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved ITW Australia Pty Ltd, trading as Buildex Pty Ltd, and its employees. The dispute centred around the approval of the ITW Australia Pty Ltd (Residential Division) Moorabbin Manufacturing Enterprise Agreement 2016. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement complied with the provisions of the Fair Work Act, specifically in terms of the mandatory requirements for enterprise agreements, and whether it had been made in good faith and without coercion. The Commission had to consider whether the agreement was sufficiently comprehensive and whether it contained the necessary minimum terms and conditions of employment. Additionally, the Commission examined whether the agreement had been properly negotiated and if the process adhered to the statutory framework.

The Commission found that the agreement contained all the necessary minimum terms and conditions and was comprehensive in its coverage. The negotiation process was deemed to be conducted in good faith without any coercion. The Commission was satisfied that the agreement met all statutory requirements for approval. Consequently, the Fair Work Commission approved the ITW Australia Pty Ltd (Residential Division) Moorabbin Manufacturing Enterprise Agreement 2016.

In light of the findings, the Commission issued an order approving the enterprise agreement, which would now be binding on the parties involved. The decision underscored the importance of ensuring that enterprise agreements meet the statutory criteria and are made in accordance with the principles of good faith and proper negotiation.

ITW Australia Pty Ltd T/A Buildex 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