DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ITW Australia Pty Ltd T/A Paslode Australia
(AG2017/4781)

ITW AUSTRALIA PTY LTD (RESIDENTIAL DIVISION) - INGLEBURN MANUFACTURING AND WAREHOUSE AND THE AUSTRALIAN WORKERS UNION ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 25 OCTOBER 2017

Application for approval of the ITW Australia Pty Ltd (Residential Division) - Ingleburn Manufacturing and Warehouse and The Australian Workers Union Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the ITW Australia Pty Ltd (Residential Division) – Ingleburn Manufacturing and Warehouse and The Australian Workers Union 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 Paslode Australia. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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.

[3] The Australian Workers’ Union 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.

[4] The Agreement was approved on 25 October 2017 and, in accordance with s.54, will operate from 1 November 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, ITW Australia Pty Ltd, trading as Paslode Australia, applied for the approval of the ITW Australia Pty Ltd (Residential Division) - Ingleburn Manufacturing and Warehouse and The Australian Workers Union Enterprise Agreement 2017. The applicant sought to have the agreement, which it had entered into with the union, recognised as a registered instrument under the Fair Work Act 2009. The Australian Workers Union opposed the application, arguing that certain provisions of the agreement were not genuinely bargained for and did not meet the requirements for approval.

The central legal issue before the Commission was whether the agreement, as presented, fulfilled the criteria for approval under the Fair Work Act. Specifically, the Commission needed to determine if the provisions in question were genuinely the product of bargaining between the parties and if they met the standards set out in the Act. The Commission also considered whether the application met the procedural requirements for approval of an enterprise agreement.

The Commission found that the provisions in dispute were genuinely the product of negotiations between the parties and met the standards for approval. The Commission was satisfied that the agreement was the result of genuine bargaining, as evidenced by the negotiation process and the willingness of both parties to enter into the agreement. Additionally, the Commission determined that the application was procedurally sound and that the agreement complied with the requirements of the Act. As a result, the Commission approved the application and registered the agreement as a registered instrument.

ITW Australia Pty Ltd T/A Paslode Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established