New England Trading Pty Ltd

[2016] FWCA 1803

DECISION

Fair Work Act 2009
s.185—Enterprise agreement
New England Trading Pty Ltd
(AG2016/2438)
NEW ENGLAND TRADING PTY LIMITED ENTERPRISE
AGREEMENT 2016
Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 22 MARCH 2016

Application for approval of the New England Trading Pty Limited Enterprise Agreement

2016.

[1] An application has been made for approval of an enterprise agreement known as the

New England Trading Pty Limited Enterprise Agreement 2016 (the Agreement). The

application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made

by New England Trading Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] The application was not lodged within 14 days after the agreement was made.

Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for

making the application to the date it was actually made.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union”

known as the Australian Manufacturing Workers’ Union (AMWU) and the Australian

Workers’ Union being bargaining representatives for the Agreement, have given notice under

s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I

note that the Agreement covers the organisations.
[2016] FWCA 1803

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

29 March 2016. The nominal expiry date of the Agreement is 28 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of New England Trading Pty Ltd involved an application for the approval of the New England Trading Pty Limited Enterprise Agreement 2016 under section 185 of the Fair Work Act 2009. The applicant, New England Trading Pty Ltd, sought the approval of the enterprise agreement, which was intended to cover employees in the manufacturing and associated industries sector. The agreement was intended to be a single enterprise agreement and was to be governed by the Fair Work Act 2009. The primary issue for the court was whether the agreement met the requirements of sections 186, 187, and 188 of the Act, and whether the application was made within the requisite timeframe. The court also needed to determine whether the agreement covered the relevant unions, the Australian Manufacturing Workers' Union and the Australian Workers' Union, as required by section 183 of the Act.

In its decision, the court found that all the requirements of the relevant sections of the Act had been met. While the application was not lodged within the 14-day period after the agreement was made, the court considered it fair to extend the time for making the application to the date it was actually made. The court also found that the agreement covered the relevant unions, as required by section 183 of the Act. Based on these findings, the court approved the agreement and determined that it would operate from 29 March 2016, with a nominal expiry date of 28 March 2019. The approval of the agreement was in accordance with section 54 of the Fair Work Act 2009.

This case highlights the importance of ensuring that enterprise agreements are properly negotiated, drafted, and submitted for approval in accordance with the requirements of the Fair Work Act 2009. The decision also emphasises the role of the Fair Work Commission in approving enterprise agreements and ensuring that they meet the necessary legal standards. It is important for employers and employees to be aware of the requirements of the Act and to seek legal advice if necessary to ensure that their agreements are properly negotiated and approved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established