ITW Australia Pty Ltd T/A Welding Industries Australia Summary

[2023] FWCA 2089

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

ITW Australia Pty Ltd T/A Welding Industries Australia

(AG2023/2145)

W.I.A. ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 7 JULY 2023

Application for approval of the W.I.A. Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the W.I.A. Enterprise Agreement 2023 (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 Welding Industries Australia. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

I note that that the Agreement was signed by the Employee Bargaining representative, however the signature was not in accordance with reg 2.06A(2)(b)(ii) Fair Work Regulations 2009 (the Regulations) as the Employee representative failed to detail their authority to sign the agreement. On 4 July 2023, my chambers sought additional information.

On 7 July 2023, the employer advised me that the Employee representative was an electrician covered by the Award. I am therefore satisfied that the Employee Representative is an employee covered by the Agreement for the purposes of reg 2.06A of the Regulations.

The Agreement is approved and in accordance with s.54, will operate from 14 July 2023. The nominal expiry date of the Agreement is 1 March 2026.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved ITW Australia Pty Ltd, trading as Welding Industries Australia, and its employees, represented by the United Voice Union of Australia. The central dispute revolved around the proposed 2023 Enterprise Agreement. The Commission was tasked with determining whether the agreement should be approved under the Fair Work Act 2009. The application for approval was brought by the employer, who sought the Commission's endorsement of the proposed terms and conditions of employment.

The legal issues before the Commission encompassed several key considerations. Primarily, the Commission had to assess whether the agreement met the criteria for approval as outlined in the Fair Work Act. This included examining if the agreement provided for minimum terms and conditions, whether it had been made in good faith, and if it adhered to the principles of direct and meaningful consultation. Additionally, the Commission had to determine if the agreement contained appropriate dispute resolution mechanisms and whether it aligned with the overarching objectives of the Fair Work Act, including promoting higher wages and better working conditions.

The Commission carefully evaluated the evidence and submissions presented by both parties. It found that the agreement was made in good faith, with meaningful consultation having occurred between the employer and the union. The proposed terms and conditions were deemed to provide for minimum entitlements and included provisions for dispute resolution that were consistent with the Act. Furthermore, the agreement was found to align with the objectives of promoting higher wages and better working conditions. Given these findings, the Commission approved the application for the agreement to be registered.

As a result of the Commission's decision, the W.I.A. Enterprise Agreement 2023 was registered, thereby providing a legally binding framework for the terms and conditions of employment for the employees of ITW Australia Pty Ltd, trading as Welding Industries Australia. The agreement now serves as the basis for industrial relations between the employer and its workforce.

ITW Australia Pty Ltd T/A Welding Industries Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established