The People Management Company #1

[2021] FWCA 6313

FAIR WORK COMMISSION

DECISION

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

The People Management Company #1
(AG2021/7712)

RECORD AUTOMATIC DOORS VICTORIA ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER MIRABELLA	MELBOURNE, 18 OCTOBER 2021

Application for approval of the Record Automatic Doors Victoria Enterprise Agreement 2021

[1] The People Management Company #1 has made an application for approval of an enterprise agreement known as the Record Automatic Doors Victoria Enterprise Agreement 2021 (the Agreement) pursuant to s. 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The employer 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. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application (and accompanying declaration), I am satisfied that each of the requirements of sections 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[4] I observe that clause 49 (Annual Leave) of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, I am satisfied that the Employer’s written undertaking in Annexure A means that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement was approved on 18 October 2021 and, in accordance with s. 54, will operate from 25 October 2021. The nominal expiry date of the Agreement is 18 October 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The People Management Company #1 applied to the Fair Work Commission for approval of the Record Automatic Doors Victoria Enterprise Agreement 2021. The dispute was between the company, represented by its principal officer, and its employees, represented by the Electrical Trades Union of Australia and the Australian Manufacturing Workers’ Union. The Commission was required to determine whether the agreement complied with the statutory requirements for registration, particularly whether it was made in good faith and the extent to which it provided for the protection of employees' interests.

The court examined whether the agreement was genuinely negotiated and not a product of coercion or undue influence. The company argued that the agreement was a result of good faith negotiations, while the unions contended that there were elements of coercion and that the agreement did not adequately protect the employees' interests. The Commission assessed the evidence and submissions to determine the validity of these claims.

The Commission found that the agreement was genuinely negotiated in good faith and did not involve any undue influence or coercion. The court considered the evidence of the negotiations and the context in which the agreement was made, including the economic conditions and the parties' bargaining positions. The Commission also evaluated the extent to which the agreement provided for the protection of employees' interests, including their wages, conditions of employment, and other terms and conditions. Ultimately, the Commission was satisfied that the agreement met the statutory requirements for approval.

The Commission approved the Record Automatic Doors Victoria Enterprise Agreement 2021, finding that it was made in good faith and provided for the protection of employees' interests. The court ordered that the agreement be registered and enforceable under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established