DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Unistrut Australia Pty Ltd T/A Unistrut Australia - Atkore International
(AG2016/6615)

UNISTRUT AUSTRALIA COLLECTIVE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 4 JANUARY 2017

Application for approval of the Unistrut Australia Collective Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Unistrut Australia Collective Agreement 2016 (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 Australia - Atkore International. 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, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 January 2017. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Unistrut Australia Pty Ltd, trading as Unistrut Australia, applied to the Fair Work Commission for approval of the Unistrut Australia Collective Agreement 2016. The dispute centred on the terms and conditions of employment for the employees of Unistrut Australia, particularly those covered under the collective agreement. The Fair Work Commission, led by Commissioner J. Smith, was tasked with reviewing the application.

The legal issues before the Commission were primarily whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it provided adequate protections and benefits to the employees. The Commission had to ensure that the agreement was fair and reasonable, taking into account the interests of both the employer and the employees. Additionally, the Commission needed to consider whether the agreement met the requirements for coverage and whether it contained provisions that were in breach of the law.

In its decision, the Commission found that the collective agreement was generally fair and reasonable. The Commission noted that the agreement provided for reasonable working conditions, adequate remuneration, and appropriate benefits for the employees. While some minor issues were identified, they did not significantly detract from the overall fairness of the agreement. The Commission was satisfied that the agreement met the legal requirements under the Fair Work Act 2009 and approved the Unistrut Australia Collective Agreement 2016.

The Fair Work Commission approved the Unistrut Australia Collective Agreement 2016, effective from the date of the decision. The approval was contingent upon the parties implementing the agreement in accordance with the terms specified. This decision provided clarity and certainty to both Unistrut Australia and its employees regarding their employment terms and conditions.

Unistrut Australia Pty Ltd T/A Unistrut Australia - Atkore International

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established