DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ITW Proline (a division of ITW Australia Pty Ltd) T/A ITW Proline
(AG2021/386)

ITW PROLINE (QLD)/UWU ENTERPRISE AGREEMENT 2020

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DEPUTY PRESIDENT CROSS	SYDNEY, 3 MAY 2021

Application for approval of the ITW Proline (QLD)/UWU Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the ITW Proline (QLD)/UWU Enterprise Agreement 2020 (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 (a division of ITW Australia Pty Ltd). 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. The undertakings are taken to be a term of 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 United 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after this Approval. The nominal expiry date of the Agreement is 6 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, ITW Proline (a division of ITW Australia Pty Ltd) trading as ITW Proline, sought approval of the ITW Proline (QLD)/UWU Enterprise Agreement 2020. The applicant argued that the agreement contained appropriate terms and conditions for its employees, and that it was in the best interests of the employees to approve the agreement. The respondent, the United Workers Union, opposed the application, arguing that the agreement did not provide for adequate protections for employees and that it did not meet the requirements of the Fair Work Act 2009. The matter was heard in the Fair Work Commission.

The legal issues before the Commission were whether the terms and conditions of the proposed agreement were appropriate and whether the agreement met the requirements of the Fair Work Act. The Commission had to consider whether the agreement provided for adequate protections for employees and whether it was in the best interests of the employees to approve the agreement. The Commission also had to consider whether the agreement met the requirements of the Fair Work Act, including whether it provided for appropriate mechanisms for the resolution of disputes.

The Commission found that the proposed agreement provided for appropriate terms and conditions for employees and that it was in their best interests to approve the agreement. The Commission noted that the agreement provided for a range of protections for employees, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms. The Commission also found that the agreement met the requirements of the Fair Work Act, including providing for appropriate mechanisms for the resolution of disputes. The Commission approved the agreement and made an order for its registration.

The Commission approved the ITW Proline (QLD)/UWU Enterprise Agreement 2020 and made an order for its registration. The order is effective from the date of registration and will apply to all employees covered by the agreement. The Commission found that the agreement provided for appropriate terms and conditions for employees and that it was in their best interests to approve the agreement. The Commission also found that the agreement met the requirements of the Fair Work Act, including providing for appropriate mechanisms for the resolution of disputes.

ITW Proline (a division of 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

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Legal Principle Established