Nano Foundries Pty Ltd

[2022] FWCA 4375

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Nano Foundries Pty Ltd

(AG2022/5043)

The Australian Workers’ Union & Nano Foundries Agreement 2022 - 2026

Manufacturing and associated industries
COMMISSIONER JOHNS	MELBOURNE, 12 DECEMBER 2022

Application for approval of The Australian Workers’ Union & Nano Foundries Agreement 2022 - 2026

An application has been made for approval of a greenfields agreement known as the Australian Workers’ Union & Nano Foundries Agreement 2022 - 2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement. It has been made by Nano Foundries Pty Ltd.

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. In particular, I am satisfied that the Australian Workers’ Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Australian Workers’ Union and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 19 December 2022. The nominal expiry date of the Agreement is 1 September 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers’ Union (AWU) and Nano Foundries Pty Ltd (Nano) were before the Fair Work Commission seeking approval of an enterprise agreement titled "The Australian Workers’ Union & Nano Foundries Agreement 2022 - 2026". The agreement proposed various terms and conditions of employment, including wages, hours of work, leave provisions, and other workplace practices. The dispute centred around whether the agreement met the statutory requirements for registration under the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement contained all the mandatory terms and conditions prescribed by the Fair Work Act, whether it complied with the 'better off overall test', and whether it was free from any prohibited content. Specifically, the Commission needed to assess if the proposed wage rates and conditions provided a safety net that was at least equal to the relevant award or registered agreement, and whether the agreement included any terms that were not in the best interests of the employees.

In its decision, the Commission found that the agreement was compliant with the statutory requirements. It contained all the prescribed mandatory terms and conditions and met the better off overall test. The Commission noted that the proposed wage rates were competitive and provided employees with improved conditions compared to the relevant award. Additionally, the agreement did not include any terms that were not in the best interests of the employees. Consequently, the Commission approved the agreement for registration.

The Fair Work Commission ordered the approval and registration of The Australian Workers’ Union & Nano Foundries Agreement 2022 - 2026. This decision ensures that the terms and conditions of employment for employees covered by the agreement will be governed by the new agreement, providing them with enhanced protections and benefits.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established