DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Unistrut Australia Pty Ltd
(AG2019/2156)

UNISTRUT AUSTRALIA COLLECTIVE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER WILLIAMS	PERTH, 15 JULY 2019

Application for approval of the Unistrut Australia Collective Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Unistrut Australia Collective Agreement 2019 (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. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 July 2019. The nominal expiry date of the Agreement is 31 March 2022.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Unistrut Australia Pty Ltd, an employer, applied to the Fair Work Commission for approval of the Unistrut Australia Collective Agreement 2019. The applicant sought to have the agreement approved as a safety net award, as defined in section 232 of the Fair Work Act 2009. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and the Labor Right Network (LRN). The opposition raised concerns about the terms of the proposed agreement, particularly those relating to the classification and remuneration of employees.

The primary legal issue the Commission needed to address was whether the terms of the proposed agreement met the safety net provisions outlined in the Fair Work Act. The Commission had to assess whether the proposed agreement provided for a fair and reasonable safety net for the employees, taking into account the need for an efficient, productive and harmonious workplace. Additionally, the Commission had to consider whether the agreement contained terms that were inconsistent with the safety net provisions, such as those relating to the classification and remuneration of employees.

In determining whether the proposed agreement met the safety net requirements, the Commission considered the overall fairness and reasonableness of the agreement's terms. The Commission examined the classification and remuneration provisions, as well as other terms of the agreement, to assess whether they provided for a fair and reasonable safety net for the employees. The Commission also considered the submissions of the parties and the relevant legislative provisions. Ultimately, the Commission found that the proposed agreement met the safety net requirements and approved the Unistrut Australia Collective Agreement 2019 as a safety net award.

Unistrut Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established