DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Willow Ware Australia (Pty) Ltd
(AG2017/2049)

WILLOW WARE AUSTRALIA (FACTORY) EMPLOYEE AGREEMENT

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 5 JULY 2017

Application for approval of the Willow Ware Australia (Factory) Employee Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Willow Ware Australia (Factory) Employee Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Willow Ware Australia (Pty) Ltd. 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 12 July 2017. The nominal expiry date of the Agreement is 4 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the case of Willow Ware Australia (Pty) Ltd, the applicant sought approval for the Willow Ware Australia (Factory) Employee Agreement. The applicant, an employer, aimed to establish specific terms and conditions of employment for its factory employees. The dispute was brought before the Fair Work Commission. The legal issues at hand involved the fairness and appropriateness of the proposed agreement under the Fair Work Act 2009. The primary question was whether the agreement met the requirements for being a "better off overall test" agreement and whether it adhered to the relevant provisions of the Fair Work Act.

The Fair Work Commission carefully examined the proposed agreement, considering various factors such as the balance of rights and obligations, the overall conditions of employment, and whether the agreement provided employees with fair compensation and benefits. The Commission assessed whether the proposed agreement was fair and reasonable, taking into account the interests of both the employer and the employees. The Commission also considered the principles of procedural fairness and whether the agreement was made in good faith.

After thorough deliberation, the Fair Work Commission determined that the Willow Ware Australia (Factory) Employee Agreement met the necessary criteria for approval. The Commission found that the agreement was fair and reasonable, providing employees with appropriate terms and conditions of employment. The Commission also concluded that the agreement passed the "better off overall test" and adhered to the relevant provisions of the Fair Work Act. Consequently, the Commission approved the proposed agreement, allowing the applicant to implement the terms and conditions as outlined in the agreement.

The Fair Work Commission's final orders included the approval of the Willow Ware Australia (Factory) Employee Agreement, enabling the applicant to proceed with implementing the agreed terms and conditions for its factory employees.

Willow Ware 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