DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Winchester Australia Limited
(AG2016/7124)

WINCHESTER AUSTRALIA LIMITED ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	HOBART, 13 DECEMBER 2016

Application for approval of the Winchester Australia Limited Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Winchester Australia Limited Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Winchester Australia Limited. 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. 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.

[3] 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.

[4] The Australian 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.

[5] The Agreement was approved on 13 December 2016 and, in accordance with s.54, will operate from 20 December 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Winchester Australia Limited, sought approval of the Winchester Australia Limited Enterprise Agreement 2016 under the Fair Work Act 2009. The applicant argued that the agreement was made in good faith and met the criteria for approval. The Australian Council of Trade Unions opposed the application, claiming that the agreement was not made in good faith and did not meet the criteria for approval.

The legal issues before the court were whether the agreement was made in good faith and whether it met the criteria for approval under the Fair Work Act 2009. The court considered whether the applicant had taken reasonable steps to ensure that the agreement was made in good faith and whether the agreement contained the required terms and conditions.

The court found that the applicant had taken reasonable steps to ensure that the agreement was made in good faith. The court also found that the agreement met the criteria for approval under the Fair Work Act 2009. The court considered the nature of the bargaining process, the content of the agreement, and the interests of the parties involved. The court found that the agreement contained the required terms and conditions and was in the best interests of the employees.

The court approved the Winchester Australia Limited Enterprise Agreement 2016. The applicant was ordered to take all reasonable steps to give effect to the agreement and to provide a copy of the agreement to the Fair Work Commission. The applicant was also ordered to pay the costs of the application.

Winchester Australia Limited

DECISION

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Background to the litigation

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Legal Principle Established