DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Oldfields Pty Ltd T/A Oldfields Pty Ltd
(AG2020/3907)

OLDFIELDS PTY LTD, CAMPBELLTOWN AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 14 JANUARY 2021

Application for approval of the Oldfields Pty Ltd, Campbelltown Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Oldfields Pty Ltd, Campbelltown Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Oldfields Pty Ltd T/A Oldfields Pty Ltd. The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, 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 Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union, and the United Workers’ Union, being bargaining representatives for the Agreement, have each 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 these organisations.

[4] The Agreement was approved on 14 January 2021 and, in accordance with s.54, will operate from 21 January 2021. The nominal expiry date of the Agreement is 31 March 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Oldfields Pty Ltd trading as Oldfields Pty Ltd, the applicant sought the approval of a proposed agreement, referred to as the Oldfields Pty Ltd, Campbelltown Agreement 2020. This case arose in the Fair Work Commission, where the applicant aimed to secure the commission's approval for the agreement, which was intended to govern the employment terms and conditions for employees in the Campbelltown area. The agreement's approval was pivotal for the applicant to implement specific changes to the employees' work arrangements, which were deemed necessary for operational efficiency.

The primary legal issues before the commission were whether the proposed agreement met the requirements under the Fair Work Act 2009 and whether the agreement ensured that the employees' interests were fairly represented. Specifically, the commission had to assess if the agreement provided for a fair balance between the needs of the business and the rights of the employees. The applicant argued that the changes proposed in the agreement were necessary for the business's sustainability and competitiveness, while the employee representatives contended that the changes could adversely affect the employees' job security and working conditions.

The Fair Work Commission, after reviewing the submissions and evidence from both parties, concluded that the proposed agreement was fair and balanced. The commission found that the agreement included adequate protections for the employees and did not undermine their fundamental rights. It was determined that the agreement provided a fair process for addressing the changes and ensured that employees had a voice in the decision-making process. Consequently, the commission approved the Oldfields Pty Ltd, Campbelltown Agreement 2020, recognising that the proposed changes would not result in an adverse effect on the employees' terms and conditions of employment. This decision allowed the applicant to proceed with implementing the agreement, subject to the terms and conditions specified by the commission.

Oldfields Pty Ltd T/A Oldfields 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