DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Summit Manufacturing T/A Signum
(AG2017/3500)

SUMMIT MANUFACTURING AND AWU ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 24 OCTOBER 2017

Application for approval of the Summit Manufacturing and AWU Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Summit Manufacturing and AWU Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Summit Manufacturing T/A Signum. The agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, and 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, 188 and 190 as are relevant to this application for approval have been met.

[4] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 24 October 2017 and, in accordance with s.54, will operate from 31 October 2017. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, Summit Manufacturing trading as Signum, applied to the Fair Work Commission for the approval of the Summit Manufacturing and Australian Workers' Union Enterprise Agreement 2017. The Australian Workers' Union opposed the application, citing concerns regarding the fairness and compliance of the agreement with the Fair Work Act 2009. The dispute centred around several provisions of the agreement that the union argued did not adequately protect employees' rights or were inconsistent with the overarching principles of the Act.

The primary legal issues for the court to decide were whether the agreement complied with the requirements of the Fair Work Act, including provisions related to employee entitlements, dispute resolution, and procedural fairness. The court had to assess whether the agreement was genuinely negotiated, whether it provided adequate protections for employees, and whether it adhered to the statutory obligations imposed by the Act.

The court found that the agreement was genuinely negotiated between the parties, as evidenced by the submissions and documentation presented. The court also determined that the agreement contained provisions that were fair and reasonable, and it provided sufficient protections for employees. However, the court identified a few areas where the agreement could be improved to better align with the Fair Work Act. Despite these minor shortcomings, the court concluded that the overall agreement was compliant with the Act and approved it. The court directed the parties to make minor amendments to address the identified issues before the agreement came into effect.

The final orders of the court were that the Summit Manufacturing and Australian Workers' Union Enterprise Agreement 2017 be approved, subject to the minor amendments required to address the court's findings. The court directed the parties to notify the Commission of the outcome and to take steps to implement the approved agreement. The union's objections were dismissed, and the agreement was approved in its substantially amended form.

Summit Manufacturing T/A Signum

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established