Locker Group Pty Ltd

[2022] FWCA 182

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Locker Group Pty Ltd

(AG2021/9224)

Webforge Locker (Dandenong) Enterprise Agreement 2021

Manufacturing and associated industries
DEPUTY PRESIDENT DEAN	CANBERRA, 21 JANUARY 2022

Application for approval of the Webforge Locker (Dandenong) Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Webforge Locker (Dandenong) Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Locker Group Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is 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), 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 January 2022. The nominal expiry date of the Agreement is 20 January 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Locker Group Pty Ltd, an employer, and the Australian Manufacturing Workers' Union, representing the employees. The dispute was over the approval of the Webforge Locker (Dandenong) Enterprise Agreement 2021. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval. The central legal issues revolved around whether the agreement had been made in accordance with the relevant provisions of the Fair Work Act 2009 and whether it contained the necessary minimum entitlements for employees. The court had to assess whether the agreement was genuinely negotiated, contained essential terms, and did not unfairly disadvantage any party.

The court began by examining the process through which the agreement was negotiated, ensuring it complied with the procedural requirements under the Fair Work Act. It scrutinised whether the union had genuinely represented the employees and whether the employer had engaged in good faith bargaining. The court also evaluated the substantive content of the agreement, verifying that it met the minimum standards prescribed by the Act and did not contain terms that were detrimental to the employees. Special attention was given to whether the agreement provided adequate protections and benefits in line with the statutory minimums.

After thorough examination, the court concluded that the agreement had been made in accordance with the legislative requirements and contained all the necessary minimum entitlements. The process of negotiation was found to be genuine and compliant with the Act's provisions, and the substantive terms of the agreement were deemed fair and balanced. Consequently, the court approved the Webforge Locker (Dandenong) Enterprise Agreement 2021, affirming that it met all the statutory criteria for approval. This decision ensures that the terms of the agreement will govern the employment relationship between the parties, providing a clear and legally binding framework for their future interactions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established