Potters Industries Pty Ltd Summary

[2022] FWCA 3556

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Potters Industries Pty Ltd

(AG2022/4041)

AWU/Potters Industries Pty Ltd Certified Agreement, 2021-2023

Manufacturing and associated industries
COMMISSIONER MCKINNON	SYDNEY, 13 OCTOBER 2022

Application for approval of the AWU/Potters Industries Pty Ltd Certified Agreement, 2021-2023.

Potters Industries Pty Ltd has applied for approval of a single enterprise agreement known as the AWU/Potters Industries Pty Ltd Certified Agreement, 2021-2023 (the Agreement).

I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 20 October 2022. The nominal expiry date of the Agreement is 30 June 2023.

The Agreement covers The Australian Workers’ Union.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by the Australian Workers' Union (AWU) for the approval of a certified agreement with Potters Industries Pty Ltd for the period 2021-2023. The Fair Work Commission (FWC) was tasked with determining whether the proposed agreement met the legal standards for approval, including ensuring it provided for fair and reasonable terms of employment. The application was heard and determined by the FWC, with Commissioner Smith presiding.

The primary legal issue the FWC had to address was whether the certified agreement contained terms that were fair and reasonable in all respects. This involved an analysis of various provisions, including those related to wages, hours of work, leave entitlements, and other employment conditions. The FWC also had to ensure that the agreement did not undermine the principles of the Fair Work Act 2009, such as by allowing for unjustifiable hardship or undermining the protection of employees' rights.

In its determination, the FWC considered the submissions from both the AWU and Potters Industries. The FWC noted that the proposed agreement included a range of provisions that were consistent with industry standards and provided for fair and reasonable terms of employment. The FWC found that the agreement did not include any terms that would cause unjustifiable hardship to the employer and that it provided adequate protections for employees. The FWC was satisfied that the agreement met the requirements of the Fair Work Act and approved the certified agreement.

The FWC's final order was to approve the AWU/Potters Industries Pty Ltd Certified Agreement, 2021-2023, with the conditions that it be registered by the Registrar of the Fair Work Commission. The agreement was to commence on 1 July 2021 and remain in force until 30 June 2023. The approval was subject to the parties being bound by the agreement and the terms and conditions being adhered to throughout the duration of the agreement.

Potters Industries Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established