DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Melbourne Fibreglass Panels Trust T/A Ampelite Australia Pty Ltd
(AG2019/4934)

AMPELITE AUSTRALIA PTY LTD AND UNITED WORKERS UNION ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	SYDNEY, 24 JANUARY 2020

Application for approval of the Ampelite Australia Pty Ltd and United Workers Union Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Ampelite Australia Pty Ltd and United Workers Union Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Melbourne Fibreglass Panels Trust T/A Ampelite 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.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.

[5] I note that Clauses 16.3, 19.6.1(b), 20.2.2, 39.5, 17 are inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 8 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 January 2020. The nominal expiry date of the Agreement is 31 March 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application before the Fair Work Commission was to approve the Ampelite Australia Pty Ltd and United Workers Union Enterprise Agreement 2019. The Union had applied for the Agreement to be made a registered agreement under the Fair Work Act 2009. The Trust opposed the application on the basis that the Agreement did not meet the requirements of section 232 of the Act. The dispute was heard by Deputy President Finn in the Melbourne office of the Commission.

The key issue for determination was whether the Agreement complied with the requirements of section 232 of the Fair Work Act 2009. Section 232 requires that an enterprise agreement must be in writing, be free from any unlawful content, and be intended to create a binding arrangement. The Trust argued that the Agreement did not comply with these requirements as it contained clauses that were inconsistent with the provisions of the Act, including provisions relating to the right to strike and the use of labour hire workers.

Deputy President Finn found that the Agreement did not comply with section 232 of the Act. The Deputy President found that the Agreement contained provisions that were inconsistent with the provisions of the Act, including provisions relating to the right to strike and the use of labour hire workers. The Deputy President also found that the Agreement did not contain a clause requiring the parties to bargain in good faith. As a result, the Deputy President refused to approve the Agreement.

The Fair Work Commission refused to approve the Ampelite Australia Pty Ltd and United Workers Union Enterprise Agreement 2019. The Deputy President found that the Agreement contained provisions that were inconsistent with the provisions of the Act, and did not contain a clause requiring the parties to bargain in good faith. The Deputy President considered that the Agreement did not comply with the requirements of section 232 of the Fair Work Act 2009, and accordingly, refused to approve the Agreement.

Melbourne Fibreglass Panels Trust T/A Ampelite Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established