DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ITW Australia Pty Ltd T/A Buildex Pty Ltd
(AG2019/3665)

ITW AUSTRALIA PTY LTD (RESIDENTIAL DIVISION) MOORABBIN MANUFACTURING ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 23 OCTOBER 2019

Application for approval of the ITW Australia Pty Ltd (Residential Division) Moorabbin Manufacturing Enterprise Agreement 2019.

[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 2019 (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 Employer 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, 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 National Union of Workers and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives 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) I note that the Agreement covers these organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 October 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this matter are ITW Australia Pty Ltd, trading as Buildex Pty Ltd, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute pertains to an application for the approval of the ITW Australia Pty Ltd (Residential Division) Moorabbin Manufacturing Enterprise Agreement 2019. The matter was heard in the Fair Work Commission.

The primary legal issues before the court were whether the enterprise agreement provided for a fair and reasonable level of protections for employees and whether it was consistent with the Fair Work Act 2009. The court had to consider the balance of rights and obligations between employers and employees as well as the implications for the broader workforce.

In its reasoning, the Fair Work Commission examined the specific terms and conditions outlined in the enterprise agreement. The court found that the agreement provided for a fair and reasonable level of protections for employees, including provisions for minimum wage rates, entitlements, and working conditions. The court also noted that the agreement was consistent with the principles of the Fair Work Act and did not undermine the rights of employees. Consequently, the court approved the ITW Australia Pty Ltd (Residential Division) Moorabbin Manufacturing Enterprise Agreement 2019.

The final orders of the court included the approval of the enterprise agreement, which will now be in effect for the employees of ITW Australia Pty Ltd (Residential Division) Moorabbin Manufacturing. The agreement will provide a framework for the terms and conditions of employment for the specified workforce.

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