DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ITW Proline Australia Pty Ltd T/A ITW Proline
(AG2017/5293)

ITW PROLINE (QLD)/NUW ENTERPRISE AGREEMENT 2017

Storage services
COMMISSIONER CIRKOVIC	MELBOURNE, 7 DECEMBER 2017

Application for approval of the ITW Proline (QLD)/NUW Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the ITW Proline (QLD)/NUW 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 Proline 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. 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.

[4] 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.

[5] The Agreement was approved on 7 December 2017 and, in accordance with s.54, will operate from 14 December 2017. The nominal expiry date of the Agreement is 6 October 2020.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

ITW Proline Australia Pty Ltd, trading as ITW Proline, applied for the approval of the ITW Proline (QLD)/NUW Enterprise Agreement 2017 before the Fair Work Commission (FWC). The application centred around the proposed terms and conditions of employment for the employees covered by the agreement, with the National Union of Workers (NUW) representing the employees' interests. The primary dispute revolved around the fairness and reasonableness of the proposed terms, with both parties presenting their respective arguments and submissions.

The legal issues before the FWC included whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009. The key issues involved the procedural fairness of the agreement, the adequacy of the consultation process, and the substantive fairness of the proposed terms. The FWC had to consider whether the agreement was appropriate for the employees, taking into account various factors such as the nature of the business, the employees' needs, and the overall fairness of the proposed terms.

The FWC found that the application met the requirements for procedural fairness, as the employer had engaged in meaningful consultation with the employees and their representatives. The FWC also determined that the proposed agreement was substantively fair, as it provided for reasonable terms and conditions of employment that were appropriate for the employees. The FWC noted that the proposed agreement provided for adequate pay rates, leave entitlements, and other benefits, and that it addressed the specific needs and circumstances of the employees. Consequently, the FWC approved the ITW Proline (QLD)/NUW Enterprise Agreement 2017.

The FWC's final orders included the approval of the ITW Proline (QLD)/NUW Enterprise Agreement 2017, with the agreement to take effect from the date of the FWC's decision. The FWC emphasised that the approved agreement would govern the terms and conditions of employment for the employees covered by the agreement, and that any disputes or issues arising from the agreement should be resolved in accordance with the agreement's dispute resolution procedures.

ITW Proline 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