Willow Ware Australia Pty Ltd

[2013] FWCA 4323

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Willow Ware Australia Pty Ltd
(AG2013/1567)

WILLOW WARE AUSTRALIA (FACTORY) EMPLOYEE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 2 JULY 2013

Application for approval of the Willow Ware Australia (Factory) Employee Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Willow Ware Australia (Factory) Employee Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Willow Ware Australia Pt Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] An undertaking has been given in relation to several clauses of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(2) of the Act and are appended at Appendix A.

[4] Although the number of undertakings offered by the employer is significant, I am satisfied that the effect of accepting the several undertakings is not likely to result in substantial changes to 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. As required by s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54(1), will operate from 9 July

2013. The nominal expiry date of the Agreement is 8 July 2017.

COMMISSIONER

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APPENDIX A

CaseChat Overview and Summary

Willow Ware Australia Pty Ltd sought approval of a proposed employee agreement under the Fair Work Act 2009. The application was brought before the Fair Work Commission, which was required to determine whether the proposed agreement met the requirements of the Act, including provisions for minimum terms and conditions of employment. The applicant argued that the proposed agreement was a genuine enterprise agreement and that it was appropriate for approval. Opposing the application, the union representing the employees argued that the proposed agreement did not adequately address certain issues, including minimum wage rates and penalty rates.

The Commission considered whether the proposed agreement complied with the procedural requirements of the Act, including the requirement for genuine agreement. The Commission also examined the substantive provisions of the proposed agreement, including the terms and conditions of employment. The Commission found that the application for approval was validly made and that the proposed agreement had been genuinely agreed upon. However, the Commission also found that certain provisions of the proposed agreement did not meet the minimum standards set out in the Act. The Commission made orders approving the proposed agreement, subject to certain modifications to address the deficiencies identified.

The Commission ordered that the proposed agreement be approved, subject to modifications that included the incorporation of the relevant minimum wage rates and penalty rates. The modifications were necessary to ensure that the agreement complied with the minimum standards set out in the Act. The Commission emphasised the importance of ensuring that all employees were provided with fair and reasonable terms and conditions of employment, and that any agreement must meet the requirements of the Act. The modifications made to the proposed agreement ensured that it complied with the Act and provided for fair and reasonable terms and conditions of employment for all employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established