DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ABC Castings Pty Ltd
(AG2017/2398)

ABC CASTINGS PTY LTD ENTERPRISE BARGAINING AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 4 JULY 2017

Application for approval of the ABC Castings Pty Ltd Enterprise Bargaining Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the ABC Castings Pty Ltd Enterprise Bargaining 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 ABC Castings Pty Ltd. 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 July 2017. The nominal expiry date of the Agreement is 10 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, ABC Castings Pty Ltd, applied for approval of its 2017 Enterprise Bargaining Agreement (EBA) with its employees. The applicant's employees are represented by the Manufacturing and Engineering Workers' Union of Australia (MEU). The Fair Work Commission (FWC) was required to determine if the EBA met the requirements of the Fair Work Act 2009 (FW Act). The Commission's jurisdiction to make the decision was based on section 230 of the FW Act.

The key legal issues before the Commission were whether the EBA was fairly negotiated and if it complied with the FW Act's good faith bargaining provisions. The MEU argued that the applicant had not genuinely attempted to negotiate the EBA, and that the agreement did not comply with the good faith bargaining requirements. The applicant maintained that it had negotiated the EBA in good faith and that it complied with the FW Act. The Commission examined the evidence presented by both parties, including the conduct of the negotiations and the content of the EBA.

The Commission found that the applicant had genuinely negotiated the EBA and that it complied with the FW Act's good faith bargaining requirements. The Commission noted that the applicant had provided the MEU with all relevant information, had engaged in meaningful discussions, and had made genuine attempts to reach an agreement. The Commission also found that the EBA contained provisions that were consistent with the FW Act and that it did not have any unfair terms. The Commission approved the EBA and made orders under section 230 of the FW Act.

The Fair Work Commission approved the ABC Castings Pty Ltd Enterprise Bargaining Agreement 2017, finding that it was fairly negotiated and complied with the good faith bargaining requirements of the Fair Work Act 2009. The Commission's decision was based on the evidence presented by both parties and its examination of the conduct of the negotiations and the content of the EBA. The Commission's approval of the EBA is a final and binding decision.

ABC Castings 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