Winchester Australia Limited

[2013] FWCA 6667

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Winchester Australia Limited
(AG2013/2674)

WINCHESTER AUSTRALIA LIMITED ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 5 SEPTEMBER 2013

Application for approval of the Winchester Australia Limited Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Winchester Australia Limited Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Winchester Australia Limited. 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] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 12 September 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Winchester Australia Limited applied to the Fair Work Commission for approval of an Enterprise Agreement. The respondents, being the relevant unions, opposed the application. The central issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act 2009. This involved assessing whether the agreement contained the mandatory terms prescribed by the Act, including the minimum rates of pay, classification of employees, and other essential conditions.

The Commission carefully examined the provisions of the agreement to determine if it satisfied the legislative criteria. It was necessary to ensure that the agreement provided for fair and equitable terms and conditions for employees, and that it did not undermine the protections afforded by the Act. After a thorough review, the Commission concluded that the agreement complied with the statutory requirements. It found that the agreement contained all the mandatory terms and did not disadvantage any employees, thereby meeting the criteria for approval.

Accordingly, the Commission approved the Winchester Australia Limited Enterprise Agreement 2013. This decision allows the agreement to come into effect, providing a framework for the terms and conditions of employment for the relevant employees. The approval ensures that the agreement is in line with the legislative standards set out in the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established