DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Unistrut Australia Pty Ltd T/A Unistrut
(AG2018/2632)

UNISTRUT AUSTRALIA COLLECTIVE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 4 OCTOBER 2018

Application for approval of the Unistrut Australia Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Unistrut Australia Collective Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Unistrut Australia Pty Ltd T/A Unistrut. 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.

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

[5] The Agreement was approved on 4 October 2018 and, in accordance with s.54, will operate from 11 October 2018. The nominal expiry date of the Agreement is 31 March 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Unistrut Australia Pty Ltd, trading as Unistrut, and the relevant union. The union sought approval of the Unistrut Australia Collective Agreement 2018. The application for approval arose under the Fair Work Act 2009, focusing on whether the agreement met the statutory requirements and did not contain any provisions that would result in employees being worse off overall.

The legal issues central to this case were whether the collective agreement complied with the legislative framework and whether it adhered to the 'better off overall test'. This test requires that no employee covered by the agreement would be worse off in terms of wages, conditions, or other benefits compared to what they would have received under the applicable award or existing enterprise agreement.

The Commission found that the agreement was consistent with the statutory requirements and did not disadvantage any employees. It highlighted that the agreement provided for a mix of wage increases, additional entitlements, and improved conditions that collectively resulted in employees being better off overall. The union's arguments were persuasive, demonstrating that the agreement enhanced the employees' terms and conditions without contravening any legal standards.

The Commission approved the Unistrut Australia Collective Agreement 2018. The union's application was successful, as the agreement was found to meet all necessary legislative criteria and effectively improved the terms for the employees involved.

Unistrut Australia Pty Ltd T/A Unistrut

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established