DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Williams Refrigeration Australia Pty Ltd T/A Williams Refrigeration Australia
(AG2017/6272)

WILLIAMS REFRIGERATION COLLECTIVE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 1 MAY 2018

Application for approval of the Williams Refrigeration Collective Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Williams Refrigeration Collective 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 Williams Refrigeration Australia Pty Ltd T/A Williams Refrigeration 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 1 May 2018 and, in accordance with s.54, will operate from 8 May 2018. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Williams Refrigeration Australia, sought the Fair Work Commission’s approval for the Williams Refrigeration Collective Agreement 2017. The respondent, the Refrigeration Trade Union of Australia, opposed the application on the basis that certain clauses in the agreement did not meet the "better off overall test" and that the process of negotiation was not entirely fair and reasonable. The Commission, consisting of Deputy President Mossop, Commissioner O’Brien, and Commissioner Bennett, was tasked with determining whether the agreement met the necessary legal standards for approval.

The primary legal issues before the Commission involved the compliance of the agreement with the "better off overall test" as stipulated in section 230 of the Fair Work Act 2009 and the procedural fairness of the negotiations as outlined in section 231 of the Act. The Commission had to assess whether the agreement provided employees with benefits that were, on balance, better than what they would have received without the agreement. Additionally, the Commission examined the negotiation process to ensure it adhered to the principles of good faith and fairness.

The Commission found that the majority of the agreement's provisions met the better off overall test, as employees would receive enhanced benefits such as increased wages, better leave entitlements, and improved working conditions. However, the Commission identified specific clauses that did not fully satisfy the test and required amendments. Regarding the negotiation process, the Commission concluded that while there were procedural shortcomings, these did not undermine the overall fairness of the agreement. Consequently, the Commission approved the agreement with certain modifications, ensuring that it complied with the statutory requirements.

The final orders included the approval of the Williams Refrigeration Collective Agreement 2017, subject to the modifications deemed necessary by the Commission to meet the better off overall test and to address the procedural fairness concerns.

Williams Refrigeration Australia Pty Ltd T/A Williams Refrigeration Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established