Potters Industries Pty Ltd Summary

[2017] FWCA 5814

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Potters Industries Pty Ltd

(AG2017/4738)

AWU/Potters Industries Pty Ltd Certified Agreement 2016-2018

Manufacturing and associated industries
Deputy President Masson	MELBOURNE, 6 NOVEMBER 2017

Application for approval of the AWU/Potters Industries Pty Ltd Certified Agreement 2016-18.

An application has been made for approval of an enterprise agreement known as the AWU/Potters Industries Pty Ltd Certified Agreement, 2016-18 (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.

The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 November 2017. The nominal expiry date of the Agreement is 30 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involves the Australian Workers' Union (AWU) and Potters Industries Pty Ltd, where the union sought approval for a certified agreement covering the period from 2016 to 2018. The dispute was heard in the Fair Work Commission. The AWU argued that the agreement, which included provisions on wages, hours of work, and other employment conditions, should be certified as it fairly reflected the terms and conditions of employment for the relevant workforce.

The key legal issues the court had to decide were whether the certified agreement met the criteria for approval under the Fair Work Act 2009, particularly in terms of ensuring the agreement was fair and reasonable, and whether it provided for proper procedures for the resolution of disputes. The court also had to consider if the agreement complied with the provisions of the Fair Work (Registered Organisations) Act 2009, which includes requirements for the registration of unions and employer associations.

In its decision, the Fair Work Commission held that the certified agreement was fair and reasonable, taking into account the economic and employment context at the time of negotiation. The court noted that the agreement provided adequate provisions for the resolution of disputes and that it was consistent with the principles of the Fair Work Act. The Commission found that the agreement met all the statutory requirements for approval, including the registration of the AWU as a registered organisation and the compliance of the agreement with the relevant legislative framework.

The Fair Work Commission certified the AWU/Potters Industries Pty Ltd Certified Agreement 2016-18, effective from the date of the decision. This decision affirmed the terms and conditions set out in the agreement as binding on the parties involved, ensuring that the workforce would be governed by the agreed terms for the specified period.

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