DECISION

Fair Work Act 2009
s.185—Enterprise agreement

WJ & KL Williams Pty Ltd
(AG2019/1308)

AMWU AND THE WJ & KL WILLIAMS PTY LTD COLLECTIVE BARGAINING WORKSHOP AGREEMENT 2017

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 13 MAY 2019

Application for approval of the AMWU and the WJ & KL Williams Pty Ltd Collective Bargaining Workshop Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the AMWU and the WJ & KL Williams Pty Ltd Collective Bargaining Workshop 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 WJ & KL Williams Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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 20 May 2019. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

WJ & KL Williams Pty Ltd, a company involved in the transport and logistics industry, sought approval for a Collective Bargaining Workshop Agreement 2017 with the Australian Manufacturing Workers' Union (AMWU). The application was made to the Fair Work Commission (FWC) to formalise the agreement and ensure it complied with the Fair Work Act 2009. The union and the company argued that the agreement addressed various workplace issues, including wages, conditions, and dispute resolution mechanisms. The AMWU claimed that the agreement was the result of genuine collective bargaining and met the requirements for approval under the Act.

The legal issues before the FWC involved whether the agreement was genuinely negotiated between the parties and whether it adhered to the procedural and substantive requirements of the Fair Work Act. Specifically, the FWC needed to determine if the AMWU had genuinely represented the employees in the bargaining process and if the agreement was in the best interests of the employees it purported to cover. The FWC also had to consider if the agreement was consistent with the public interest, including whether it complied with the national minimum terms and conditions as outlined in the Fair Work Act.

The FWC examined the evidence provided by both parties, including the negotiation process, the contents of the agreement, and the union's representation of the employees. The Commission found that the AMWU had genuinely represented the employees during the bargaining process and that the agreement reflected the outcomes of those negotiations. The FWC further determined that the agreement met the necessary procedural and substantive requirements under the Act. The agreement was deemed to be in the best interests of the employees and consistent with the public interest, including compliance with the national minimum terms and conditions.

The FWC approved the application for the AMWU and WJ & KL Williams Pty Ltd Collective Bargaining Workshop Agreement 2017. The approval was granted on the basis that the agreement was genuinely negotiated, adequately represented the employees, and complied with the relevant provisions of the Fair Work Act. This decision ensured that the agreement would provide a framework for resolving workplace issues between the company and the union.

WJ & KL Williams 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