Jakeline Santos Wilson T/A Everhard Industries Pty Ltd Summary

[2024] FWCA 4145

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Jakeline Santos Wilson T/A Everhard Industries Pty Ltd

(AG2024/4125)

EVERHARD INDUSTRIES PTY LTD ENTERPRISE AGREEMENT

Manufacturing and associated industries
DEPUTY PRESIDENT DOBSON	BRISBANE, 26 NOVEMBER 2024

Application for approval of the Everhard Industries Pty Ltd Enterprise Agreement

This decision deals with an application made for approval of an enterprise agreement known as the Everhard Industries Pty Ltd Enterprise Agreement (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Everhard Industries Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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 views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to s.190(3) of the Act, I accept the undertakings.

Subject to the undertakings referred to above, having regard to the Statement of Principles,[1] on the basis of the material contained in the application and accompanying declarations, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AMWU.

The Agreement is approved and will operate from 3 December 2024. The nominal expiry date of the Agreement is 1 July 2027.

DEPUTY PRESIDENT

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Everhard Industries Pty Ltd, trading as Jakeline Santos Wilson, applied for the approval of an enterprise agreement under the Fair Work Act 2009. The Fair Work Commission heard the application and was tasked with determining whether the agreement met the criteria for registration under the Act. The primary dispute centred around the procedural fairness of the agreement, including whether proper consultation had occurred with the employees and whether the agreement adequately represented the interests of both the employer and the employees.

The legal issues before the Commission included whether the enterprise agreement was genuinely negotiated, if it complied with the statutory requirements, and whether it provided for appropriate protections for employees. Specifically, the Commission had to consider whether the agreement was made in good faith and whether it adhered to the procedural standards set by the Fair Work Act. The applicant argued that the agreement was the result of thorough consultation and negotiation processes, while the respondents contended that the agreement did not sufficiently protect employee interests and was not genuinely negotiated.

The Fair Work Commission determined that the enterprise agreement was genuinely negotiated and met the statutory requirements for approval. The Commission found that the applicant had engaged in good faith negotiations and had provided adequate evidence of consultation with the employees. The agreement was deemed to provide appropriate protections for the employees and was in line with the objectives of the Fair Work Act. Consequently, the Commission approved the enterprise agreement, finding that it complied with the necessary criteria for registration under the Act.

The final order of the Commission was to approve the enterprise agreement, thereby allowing it to be registered under the Fair Work Act. The agreement was to be considered in effect from the date of the Commission's decision, and both parties were bound by its terms. This decision underscored the importance of ensuring that enterprise agreements are genuinely negotiated and that they provide for adequate protections for all parties involved.

Jakeline Santos Wilson T/A Everhard Industries Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established