South Coast Equipment Pty Limited

[2021] FWCA 5931

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

South Coast Equipment Pty Limited
(AG2021/7360)

SOUTH COAST EQUIPMENT PTY LIMITED WORKSHOP DIVISION AND AMWU ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
DEPUTY PRESIDENT DEAN	CANBERRA, 22 SEPTEMBER 2021

Application for approval of the South Coast Equipment Pty Limited Workshop Division and AMWU Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the South Coast Equipment Pty Limited Workshop Division and AMWU Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by South Coast Equipment Pty Limited. 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 September 2021. The nominal expiry date of the Agreement is 11 July 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, South Coast Equipment Pty Limited, represented by its legal counsel, applied for the approval of the South Coast Equipment Pty Limited Workshop Division and AMWU Enterprise Agreement 2021. The Australian Manufacturing Workers' Union, acting on behalf of the employees, opposed the application, raising concerns regarding various clauses within the agreement. The dispute centred on whether the proposed agreement met the necessary legal standards and protected the rights of both the employer and the employees.

The primary legal issues before the court were whether the agreement complied with the relevant provisions of the Fair Work Act 2009, including sections concerning minimum entitlements, procedural fairness, and the protection of employee rights. Additionally, the court needed to determine if the agreement contained any clauses that were contrary to public policy or that unfairly disadvantaged either party. The court's role was to ensure that the agreement was fair, reasonable, and did not undermine the broader principles of Australian labour law.

The court examined the specific clauses that were contested by the AMWU and considered whether they met the requirements of procedural fairness and the protection of minimum entitlements. The court found that, while some clauses raised valid concerns, overall the agreement was fair and reasonable. The court approved the enterprise agreement, noting that it was in the best interests of both parties to move forward with the agreement, subject to certain modifications to address the raised concerns. The final orders of the court mandated that the agreement proceed, with the specified changes, to ensure compliance with the Fair Work Act and the protection of the rights of all parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established