Alfit Pty Ltd Summary

[2013] FWCA 9588

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Alfit Pty Ltd
(AG2013/11149)

ALFIT PTY LTD ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 6 DECEMBER 2013

Application for approval of the Alfit Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Alfit Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Austral Bricks Queensland Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] On 30 August 2013 an undertaking was provided which is annexed to this decision and marked “Annexure A”.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 13 December 2013. The nominal expiry date of the Agreement is 29 September 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Alfit Pty Ltd recently appeared before the Fair Work Commission (FWC) in an application for the approval of the Alfit Pty Ltd Enterprise Agreement 2013. The dispute centred on the application by Alfit Pty Ltd for the agreement to be made pursuant to the provisions of section 234 of the Fair Work Act 2009. The applicants sought approval for the agreement to facilitate its operation as a registered agreement, thereby extending its coverage and applicability.

The primary legal issue before the FWC was whether the proposed enterprise agreement met the necessary criteria for approval under the Fair Work Act. This involved examining the agreement's compliance with the provisions that mandate genuine bargaining, its coverage of appropriate employees, and whether it provided for a fair and reasonable outcome for the employees involved. Furthermore, the FWC had to consider whether the agreement addressed the relevant matters and provided for the minimum terms and conditions as required by the Act.

In its decision, the FWC meticulously reviewed the enterprise agreement, confirming that it was the product of genuine bargaining between the employer and the employees. The Commission found that the agreement contained all the necessary provisions for its operation and was fair and reasonable, taking into account the interests of both parties. The FWC also verified that the agreement was comprehensive, covering all relevant matters and providing for the minimum terms and conditions stipulated by the Act. Based on these findings, the FWC approved the enterprise agreement, thereby enabling its enforcement and operation as a registered agreement.

The FWC's approval of the enterprise agreement was made effective from a specified date, allowing it to be registered and enforced. This decision ensures that the terms and conditions outlined in the agreement will govern the employment relationship between Alfit Pty Ltd and its employees, providing a stable framework for future interactions.

Alfit Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established