Peter Ross

[2013] FWCA 6009

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Peter Ross
(AG2013/1818)

ACCENT AIR LIVERPOOL MANUFACTURING ENTERPRISE BARGAINING AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 23 AUGUST 2013

Application for approval of the Accent Air Liverpool Manufacturing Enterprise Bargaining Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Accent Air Liverpool Manufacturing Enterprise Bargaining Agreement 2013 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Peter Ross. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Automotive, Food, Metals, Engineering, Printing, and Kindred Industries Union, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] On 15 August 2013 an undertaking was provided which is annexed to this decision and marked “Annexure A”.

[6] The Agreement is approved and, in accordance with s54 of the Act, will operate from 30 August 2013. The nominal expiry date of the Agreement is 1 July 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Peter Ross was the applicant seeking approval of the Accent Air Liverpool Manufacturing Enterprise Bargaining Agreement 2013. The Fair Work Commission (FWC) was the tribunal which heard the matter. The dispute centred on whether the agreement met the requirements under the Fair Work Act 2009, specifically if it complied with the Fair Work (Registered Organisations) Act 2009, and whether it contained provisions that were against the provisions of the Fair Work Act.

The legal issues before the FWC involved determining if the agreement was genuinely negotiated, if it covered the appropriate scope of employees, and whether the provisions within the agreement were consistent with the objectives of the Fair Work Act. Key to this was verifying the role and representation of the parties involved in the negotiation process, ensuring the agreement covered all eligible employees, and examining if the provisions aligned with the spirit of the Act.

The FWC found that the agreement had been genuinely negotiated and covered all eligible employees within the scope. The provisions of the agreement were also found to be consistent with the objectives of the Fair Work Act. The FWC approved the Accent Air Liverpool Manufacturing Enterprise Bargaining Agreement 2013, recognising it as a valid and effective enterprise bargaining agreement. The FWC's decision emphasised the importance of genuine negotiation and comprehensive coverage in the formation of enterprise agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established