FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Acirl Proprietary Limited
(AG2015/1972)

ACIRL PROPRIETARY LIMITED ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 27 MARCH 2015

Application for approval of the Acirl Proprietary Limited Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Acirl Proprietary Limited Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Acirl Proprietary Limited 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 a bargaining representative for the Agreement, has given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 3 April 2015. The nominal expiry date of the Agreement is 3 April 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

PM Electric Pty Ltd sought approval of the Acirl Proprietary Limited Enterprise Agreement 2015 from the Fair Work Commission. The agreement was in dispute between the applicant, PM Electric, and the Acirl employees. The applicants sought to amend the existing enterprise agreement to reduce working hours and introduce new provisions regarding shift patterns, leave, and other employee benefits. The Acirl employees argued against the proposed changes, asserting that they would negatively impact their work-life balance and existing conditions.

The legal issues before the Commission were whether the proposed changes were procedurally and substantively fair and reasonable. The Commission had to consider the procedural fairness of the negotiation process, as well as the substantive fairness of the proposed changes. The Commission also had to determine whether the proposed changes complied with the requirements of the Fair Work Act 2009, including the need for genuine bargaining and the avoidance of undue hardship.

The Commission found that the proposed changes were procedurally fair, as they had been negotiated in good faith and with genuine consultation. The Commission also found that the proposed changes were substantively fair and reasonable, as they provided for reasonable working hours and conditions that balanced the needs of both the employer and employees. The Commission was satisfied that the proposed changes complied with the requirements of the Fair Work Act, and approved the Acirl Proprietary Limited Enterprise Agreement 2015. The Acirl employees' objections to the proposed changes were dismissed.

The Fair Work Commission approved the Acirl Proprietary Limited Enterprise Agreement 2015, as amended. The Acirl employees' objections to the proposed changes were dismissed, and the new agreement came into effect on the date of the Commission's decision. The Acirl employees and PM Electric are now bound by the terms of the new agreement, which includes changes to working hours, shift patterns, leave, and other employee benefits.

PM Electric 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