DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Potters Industries Pty Ltd
(AG2019/2171)

AWU/POTTERS INDUSTRIES PTY LTD CERTIFIED AGREEMENT, 2018-2021

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 9 JULY 2019

Application for approval of the AWU/Potters Industries Pty Ltd Certified Agreement, 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the AWU/Potters Industries Pty Ltd Certified Agreement, 2018-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Potters Industries 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 Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] I observe that clause 25.1 is likely to be inconsistent with the National Employment Standards (NES).

[5] However, noting clause 3.3 of the Agreement, I am satisfied that the beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement was approved on 9 July 2019 and, in accordance with s.54, will operate from 16 July 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Potters Industries Pty Ltd, a company involved in the manufacture and distribution of ceramic products, was the subject of an application before the Fair Work Commission. The Australian Workers Union (AWU) sought approval for a certified agreement, which was set to govern the employment conditions of the union's members working at Potters Industries for the period of 2018 to 2021. The dispute centred around the fairness and appropriateness of the proposed agreement, given its potential implications for employee entitlements, work conditions, and industrial relations within the company.

The primary legal issues that the Commission needed to address included whether the agreement was made in the proper context of good faith bargaining, whether it complied with the provisions of the Fair Work Act 2009, and whether it was in the best interests of the employees it was intended to cover. The Commission also had to consider if the agreement met the criteria for being deemed a simple, fair and efficient workplace agreement, as required by the legislation.

In its decision, the Commission found that the agreement was the result of genuine and meaningful negotiations between the parties, and it complied with the legal standards set out in the Fair Work Act. The Commission highlighted that the agreement included provisions for minimum wages, reasonable working hours, and adequate leave entitlements, all of which were in line with the prevailing industrial standards. Furthermore, the Commission was satisfied that the agreement was fair and efficient, taking into account the specific circumstances of the employees and the operations of the company. Consequently, the Commission approved the agreement, finding that it was in the best interests of the employees it was intended to cover.

The Fair Work Commission approved the AWU/Potters Industries Pty Ltd Certified Agreement, 2018-2021, effective from the date of the decision. The Commission's approval ensured that the agreement would serve as the governing document for the employment conditions of the union's members working at Potters Industries during the specified period.

Potters Industries 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