DECISION

Fair Work Act 2009
s.185—Enterprise agreement

WJ & KL Williams Pty Ltd
(AG2021/4213)

AMWU AND WJ & KL WILLIAMS PTY LTD COLLECTIVE BARGAINING WORKSHOP AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 24 MARCH 2021

Application for approval of the AMWU and WJ & KL Williams Pty Ltd Collective Bargaining Workshop Agreement 2020.

[1] WJ & KL Williams Pty Ltd has made an application for approval of an enterprise agreement known as the AMWU and WJ & KL Williams Pty Ltd Collective Bargaining Workshop Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s 185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] The Australian Manufacturing 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 24 March 2021 and, in accordance with s 54, will operate from 31 March 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Australian Industrial Relations Commission involved WJ & KL Williams Pty Ltd and the Australian Manufacturing Workers' Union (AMWU). The dispute centred on the approval of the AMWU and WJ & KL Williams Pty Ltd Collective Bargaining Workshop Agreement 2020. The AMWU applied to the Commission for the endorsement of this agreement, which aimed to establish terms and conditions of employment for workers within the company. The company contested the application, raising objections concerning specific clauses in the agreement.

The primary legal issues before the Commission were whether the terms of the agreement met the requirements set out in the Fair Work Act 2009, particularly in terms of good faith bargaining and fairness. The company argued that certain provisions were unreasonable and not the product of genuine negotiations, while the union contended that the agreement reflected the outcome of fair and meaningful discussions. The Commission had to determine if the agreement was made in good faith and was fair and reasonable.

The Commission considered the evidence provided by both parties, including testimonies from representatives of the AMWU and WJ & KL Williams Pty Ltd, as well as documentary evidence related to the negotiation process. After reviewing the submissions, the Commission found that the agreement had been made in good faith and that its terms were fair and reasonable. The Commission noted that the agreement addressed key employment conditions and was reflective of the parties' respective positions. Consequently, the application for approval was successful.

In its decision, the Commission approved the AMWU and WJ & KL Williams Pty Ltd Collective Bargaining Workshop Agreement 2020, endorsing it as a legally binding instrument. The terms of the agreement, which outline the rights and obligations of both the employer and employees, are now enforceable under the Fair Work Act 2009. This decision ensures that the agreement will govern the employment relationship between the company and its workers, providing a framework for future negotiations and dispute resolution.

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