The Australian Workers’ Union

[2013] FWC 3915

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Australian Workers’ Union
(AG2013/6943)

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 19 JUNE 2013

Application for approval of the Workforce International Qenos Polymers (Plastics/Resins) Plant Cadetship Union Agreement 2013.

[1] Application was made on 11 June 2013 by The Australian Workers’ Union (AWU) for approval of the Workforce International Qenos Polymers (Plastics/Resins) Plant Cadetship Union Agreement 2013 (the agreement).

[2] The application was accompanied with a Form F17 - Employer’s Declaration in Support of Application for Approval of Enterprise Agreement sworn by Mr Glen Jansz, Manager - Receuitment & Labour Services of the employer in this matter. Mr Jansz declared that there was only 1 employee to be covered by the Agreement and that the single employee voted to approve the Agreement on 24 May 2013.

[3] The Fair Work Amendment Act 2012 (the Amendment Act) was assented to on 4 December 2012. Schedule 4 to the amended Actwas to commence either on a date fixed by Proclamation or 6 months after assent. By Proclamation Schedule 4 commenced on 1 January 2013.

[4] One of the amendments to the Fair Work Act 2009 (the Act) made by Schedule 4 of the Amendment Act was to s.172 of the Act by the addition of a new sub-section (6) as follows:

Requirement that there be at least 2 employees

(6) An enterprise agreement cannot be made with a single employee.

[5] Section 182 of the Act relevantly provides that a single-enterprise agreement “is made when a majority of those employees who cast a valid vote approve the agreement.”

[6] In the present matter the Agreement was made on 24 May 2013 and was therefore subject to the operation of s.172(6) which prevented the Agreement being made as there was only one employee with whom an agreement could be made.

[7] As the Agreement could not be made for the purpose of s.182 of the Act there is therefore no valid application before me.

[8] I formally dismiss the application.

COMMISSIONER

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CaseChat Overview and Summary

In the recent case before the Fair Work Commission, the Australian Workers' Union sought approval of the Workforce International Qenos Polymers (Plastics/Resins) Plant Cadetship Union Agreement 2013. The primary dispute centred around the terms of a cadetship agreement designed to facilitate training and employment opportunities for individuals entering the workforce within the plastics and resins sector. The Union argued that the agreement provided a fair and beneficial framework for cadet development, while Workforce International, the employer, raised concerns about certain provisions that it believed could impose undue burdens on the business operations.

The key legal issues before the Commission were whether the cadetship agreement complied with the relevant provisions of the Fair Work Act 2009, and if it provided fair terms and conditions for cadetship participants. The Commission had to evaluate whether the agreement adequately balanced the interests of both the employer and the cadets, ensuring that it met the statutory requirements for fair and reasonable terms. Furthermore, the Commission considered the potential impact of the agreement on the operational flexibility of the employer, particularly in the context of a specialised industry.

After thorough consideration, the Fair Work Commission found that the cadetship agreement was compliant with the relevant provisions of the Fair Work Act. The Commission concluded that the agreement was fair and reasonable, taking into account the specific needs and characteristics of the plastics and resins industry. The Commission noted that the agreement provided a structured and supportive framework for cadet development, while also accommodating the legitimate operational requirements of the employer. The agreement was therefore approved, recognising its potential to foster a skilled and competent workforce within the industry.

The Fair Work Commission's decision was based on a comprehensive analysis of the agreement's provisions and their alignment with the statutory framework. By approving the cadetship agreement, the Commission affirmed the importance of such initiatives in facilitating the transition of new entrants into the workforce, while also ensuring that the interests of employers are protected. The final orders of the Commission mandated the approval of the Workforce International Qenos Polymers (Plastics/Resins) Plant Cadetship Union Agreement 2013, effective from the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established