DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ITW Australia Pty Ltd T/A ITW Proline
(AG2016/6320)

ITW PROLINE - VICTORIA - NATIONAL UNION OF WORKERS COMPREHENSIVE ENTERPRISE AGREEMENT 2016

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COMMISSIONER GREGORY	MELBOURNE, 5 DECEMBER 2016

Application for approval of the ITW Proline - Victoria - National Union of Workers Comprehensive Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the ITW Proline - Victoria - National Union of Workers Comprehensive 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 ITW Proline. 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, 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.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.

[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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 December 2016. The nominal expiry date of the Agreement is 1 May 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

ITW Australia Pty Ltd T/A ITW Proline brought an application to the Fair Work Commission seeking approval of the ITW Proline – Victoria – National Union of Workers Comprehensive Enterprise Agreement 2016. The National Union of Workers opposed the application on the basis that the agreement was not in the best interests of the employees. The union argued that the agreement failed to adequately protect employees’ rights and entitlements, particularly in relation to redundancy payments and the transfer of employees. The union also claimed that the agreement did not provide for appropriate dispute resolution mechanisms.

The Fair Work Commission considered whether the agreement met the requirements of the Fair Work Act 2009. The Commission examined the provisions of the agreement, the bargaining process, and the interests of the employees. The Commission also considered the evidence presented by both parties and the relevant legal principles. The Commission found that the agreement was not in the best interests of the employees because it failed to provide adequate protection for employees’ rights and entitlements, particularly in relation to redundancy payments and the transfer of employees. The Commission also found that the agreement did not provide for appropriate dispute resolution mechanisms.

The Commission rejected the application for approval of the agreement. The Commission found that the agreement did not meet the requirements of the Fair Work Act 2009 and was not in the best interests of the employees. The Commission ordered that the application be dismissed and that the agreement be not approved.

ITW Australia Pty Ltd T/A ITW Proline

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established