DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ITW Australia Pty Ltd T/A ITW AAMTech
(AG2018/1539)

AAMTECH AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 26 OCTOBER 2018

Application for approval of the AAMTech and National Union of Workers Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the AAMTech and National Union of Workers Enterprise Agreement 2017 (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 ITW AAMTech. 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.

[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 National Union of Workers being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 26 October 2018 and, in accordance with s.54, will operate from 2 November 2018. The nominal expiry date of the Agreement is 30 November 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties to this case were ITW Australia Pty Ltd, trading as ITW AAMTech, and the National Union of Workers. The dispute centred around the application for the approval of the AAMTech and National Union of Workers Enterprise Agreement 2017. The matter was brought before the Fair Work Commission (FWC), which is tasked with overseeing and approving enterprise agreements under Australian labour law. The central legal issues before the FWC involved determining whether the agreement met the statutory requirements for approval, specifically whether it was a genuine agreement, free from coercion or undue influence, and whether it provided for the proper protection of employees' interests.

The FWC undertook a thorough examination of the negotiation process and the contents of the agreement. It was essential to verify that the agreement was not only negotiated in good faith but also that it provided adequate protections and benefits for the employees. The Commission assessed whether the agreement complied with the Fair Work Act 2009, particularly focusing on provisions that address minimum wages, leave entitlements, and dispute resolution mechanisms. The FWC also considered the views and submissions from both parties, as well as the implications for the broader workforce.

Upon reviewing the evidence and submissions, the FWC found that the agreement was genuinely negotiated and met all legal requirements for approval. The FWC concluded that the agreement was fair and balanced, providing appropriate protections for the employees while also being reasonable in the context of the employer's business. The Commission determined that the agreement did not exhibit any elements of coercion or undue influence and that it provided for the proper protection of employees' interests. Consequently, the FWC approved the AAMTech and National Union of Workers Enterprise Agreement 2017.

The final orders of the FWC included the approval of the enterprise agreement, which would now be binding on the parties and their employees. This decision ensured that the terms and conditions outlined in the agreement would govern the employment relationship between ITW AAMTech and its employees, subject to the provisions of the Fair Work Act 2009.

ITW Australia Pty Ltd T/A ITW AAMTech

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established