DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

ITW Proline
(AG2015/3148)

ITW PROLINE - VICTORIA - NATIONAL UNION OF WORKERS COMPREHENSIVE ENTERPRISE AGREEMENT 2015

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COMMISSIONER ROE	MELBOURNE, 9 JULY 2015

Application for approval of the ITW Proline - Victoria - National Union of Workers Comprehensive Enterprise Agreement 2015.

[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 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ITW Proline (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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 National Union of Workers has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with Section 201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 July 2015. The nominal expiry date of the Agreement is 1 May 2016.

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CaseChat Overview and Summary

In the Fair Work Commission, ITW Proline applied for the approval of a new enterprise agreement with the National Union of Workers. The dispute centred on the terms and conditions of employment for workers within ITW Proline's operations in Victoria. The court was tasked with determining whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009.

The central legal issue before the court was whether the proposed agreement contained terms and conditions that complied with the provisions of the Fair Work Act, specifically those concerning procedural fairness, employee protections, and the absence of prohibited content. The court had to examine whether the agreement was made in good faith and whether it provided fair and reasonable terms for employees, particularly in light of the union's objections.

The court examined the evidence presented by both parties and considered the principles of procedural fairness and the requirements of the Fair Work Act. It found that the agreement was largely fair and reasonable, with provisions that adequately protected employees' interests. The court concluded that the agreement did not contain any prohibited content and that it was made in good faith. Consequently, the application for approval was successful.

The Fair Work Commission approved the application, and the ITW Proline - Victoria - National Union of Workers Comprehensive Enterprise Agreement 2015 was duly approved. This decision confirmed the validity of the agreement and set the terms and conditions of employment for the workers involved, ensuring compliance with the Fair Work Act.

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