DECISION

Fair Work Act 2009
s.185 - Application for approval of a multi-enterprise agreement

Productive People Management Pty Limited
(AG2019/2021)

BACKWELL IXL PTY LTD MULTI ENTERPRISE UNION COLLECTIVE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 3 SEPTEMBER 2019

Application for approval of the Backwell IXL Pty Ltd Multi Enterprise Union Collective Agreement 2019

[1] Productive People Management Pty Ltd has made an application for approval of an enterprise agreement known as the Backwell IXL Pty Ltd Multi Enterprise Union Collective Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a multi-enterprise agreement.

[2] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) filed an F18 statutory declaration stating it supported approval of the Agreement. In email correspondence to the Commission, the union subsequently raised a question about the applicant’s designation of the Agreement as a ‘multi-enterprise’ agreement, noting that the union had taken the view that the employers were a part of a common enterprise during bargaining however, the union did not wish to be heard on the matter. I am satisfied that the Agreement is properly to be regarded as a multi-enterprise agreement.

[3] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The AMWU has given notice under s 183 of the Act that, if the Agreement is approved, it wishes the Agreement to cover it. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 3 September 2019 and, in accordance with s 54, will operate from 10 September 2019. The nominal expiry date of the Agreement is 28 February 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Productive People Management Pty Limited, the applicant sought approval of the Backwell IXL Pty Ltd Multi Enterprise Union Collective Agreement 2019. The applicant argued that the agreement met the criteria set out in the Fair Work Act 2009 (Cth) for an enterprise agreement. The Fair Work Commission, being the relevant tribunal, was tasked with determining whether the agreement should be approved.

The key legal issues before the Commission involved assessing whether the agreement was genuinely an enterprise agreement, whether it contained only permissible provisions, and whether the agreement met the criteria for being a single, indivisible agreement. The Commission had to determine if the agreement was made on behalf of the employees and if it contained the requisite minimum terms and conditions of employment. Additionally, the Commission examined whether the agreement complied with the good faith bargaining requirements.

In delivering its decision, the Commission first considered whether the agreement was genuinely an enterprise agreement. It found that the agreement was made on behalf of the employees and was not a sham or a contrived agreement. The Commission then examined the provisions of the agreement to ensure they complied with the Fair Work Act. The agreement contained permissible provisions and met the minimum requirements for an enterprise agreement. The Commission also assessed whether the agreement was a single, indivisible agreement and concluded that it was. Finally, the Commission considered the good faith bargaining requirements and found that the agreement was made in good faith.

Consequently, the Commission approved the Backwell IXL Pty Ltd Multi Enterprise Union Collective Agreement 2019. The approval was made effective from the date specified in the application, ensuring that the agreement would govern the employment terms and conditions of the relevant employees.

Productive People Management Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established