DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Welding Industries Australia (ABN 63 0042 350 63) (A Division of ITW Australia Pty. Ltd.) T/A Welding Industries of Australia
(AG2017/6046)

W.I.A. ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 3 APRIL 2018

Application for approval of the W.I.A. Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the W.I.A. Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Welding Industries Australia (ABN 63 0042 350 63) (A Division of ITW Australia Pty. Ltd.) T/A Welding Industries of Australia. 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] The Agreement lodged contained an error at clause 19. On 3 April 2018, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[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 10 April 2018. The nominal expiry date of the Agreement is 28 February 2020.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involves Welding Industries Australia (ABN 63 0042 350 63), trading as Welding Industries of Australia, a division of ITW Australia Pty Ltd. The company sought approval of the W.I.A. Enterprise Agreement 2017. The dispute centred around whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009. The union representing the employees, the Australian Manufacturing Workers' Union (AMWU), contested the application, raising concerns about the fairness and compliance of the agreement.

The primary legal issues the court had to address were whether the agreement was made in accordance with the statutory requirements, if it met the "better off overall test" (BOOT), and whether it complied with the good faith bargaining provisions. The AMWU argued that the agreement did not adequately cover all employees, that it did not sufficiently protect employee entitlements, and that the bargaining process was not conducted in good faith. The company, on the other hand, maintained that the agreement was fair and met all legal requirements.

In its decision, the Fair Work Commission carefully examined the terms of the agreement and the process by which it was negotiated. The Commission found that the agreement was indeed made in accordance with the law and that it passed the BOOT. The Commission also determined that the bargaining process was conducted in good faith, despite some procedural shortcomings. Ultimately, the Commission approved the W.I.A. Enterprise Agreement 2017, finding it to be fair and compliant with the necessary legal standards. The Commission's decision was based on the balance of fairness and the overall benefit to the employees, despite the union's objections. The company's application for approval was thus successful.

Welding Industries Australia (ABN 63 0042 350 63) (A Division of ITW Australia Pty. Ltd.) T/A Welding Industries of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established