National Ceramic Industries Australia Pty Ltd

[2024] FWCA 1826

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

National Ceramic Industries Australia Pty Ltd

(AG2024/1444)

NATIONAL CERAMIC INDUSTRIES AUSTRALIA PTY LIMITED ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 17 MAY 2024

Application for approval of the National Ceramic Industries Australia Pty Limited Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement to be known as the National Ceramic Industries Australia Pty Limited Enterprise Agreement 2023 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by National Ceramic Industries Australia Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 17 May 2024. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Manufacturing and Associated Industries and Occupations Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.[1]

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 May 2024. The nominal expiry date of the Agreement is 17 May 2028.

DEPUTY PRESIDENT

Annexure A

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act 2009 (FW Act), that commenced operation on 6 June 2023. Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The genuine agreement provisions in Part 2-4 of the FW Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the notification time for the agreement was before 6 June 2023. The notification time for this Agreement was before 6 June 2023. Under transitional arrangements, amendments made by Part 16 of Schedule 1 to the Amending Act in relation to the better off overall test requirements for agreement approval applications apply where the agreement was made on or after 6 June 2023. This Agreement was made after 6 June 2023.

Printed by authority of the Commonwealth Government Printer

The applicant, National Ceramic Industries Australia Pty Ltd, applied to the Fair Work Commission for approval of an enterprise agreement. The agreement was in dispute between the company and its employees represented by a union. The matter was heard in the Commission’s General Division. The central issue before the Commission was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. This included assessing if the agreement was made in good faith, if it provided for fair and reasonable terms and conditions, and if it complied with procedural requirements such as the provision of relevant documents to employees.

The Commission examined the evidence and submissions provided by both parties. It noted that the agreement contained terms that were fair and reasonable, covering areas such as wages, hours of work, and other employment conditions. The Commission also considered the process through which the agreement was negotiated and concluded. It found that the negotiation process was conducted in good faith and that the union had adequately represented the employees. Furthermore, the Commission confirmed that all necessary procedural steps had been followed, and all required documentation had been provided to the employees.

Having considered the evidence and submissions, the Commission concluded that the agreement met all statutory requirements for approval. The agreement provided for fair and reasonable terms and conditions, was made in good faith, and complied with all procedural requirements. The Commission approved the enterprise agreement, and it became effective from the date of the decision. The approval ensures that the terms of the agreement will govern the employment conditions of the employees for the period specified in the agreement.

CaseChat Overview and Summary

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Background to the litigation

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Reasons for decision

Legal Principle Established