DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alimak Hek Pty Ltd T/A Alimak Hek
(AG2018/1738)

ALIMAK HEK PTY LTD ENGINEERING AND MANUFACTURING EMPLOYEES COLLECTIVE AGREEMENT 2018 - 2021

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 14 AUGUST 2018

Application for approval of the Alimak Hek Pty Ltd Engineering and Manufacturing Employees Collective Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Alimak Hek Pty Ltd Engineering and Manufacturing Employees Collective Agreement 2018 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Alimak Hek Pty Ltd T/A Alimak Hek. 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.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 August 2018. The nominal expiry date of the Agreement is 1 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties in this case were Alimak Hek Pty Ltd, trading as Alimak Hek, and the Australian Manufacturing Workers' Union. The dispute centred around the application for the approval of the Alimak Hek Pty Ltd Engineering and Manufacturing Employees Collective Agreement 2018 - 2021. The matter was heard in the Fair Work Commission, which is the body responsible for overseeing workplace relations and ensuring the fairness of employment agreements in Australia. The primary issue before the Commission was whether the proposed agreement met the requirements for approval under the Fair Work Act 2009, particularly whether it provided for the fair and reasonable terms and conditions of employment.

The legal issues addressed by the Commission included whether the proposed agreement was appropriately negotiated, if it contained provisions that were unfair or unreasonable, and whether it complied with the procedural requirements for approval as stipulated by the Act. The Commission examined the negotiation process and the content of the agreement, focusing on whether it was made in good faith and whether it adhered to the relevant provisions of the Fair Work Act. The Commission also considered whether the agreement contained any terms that might be considered discriminatory or otherwise unfair to employees or employers.

The Commission concluded that the agreement was appropriately negotiated and contained fair and reasonable terms and conditions of employment. It found that the negotiation process was in compliance with the procedural requirements of the Fair Work Act and that the agreement did not include any unfair or unreasonable provisions. The Commission was satisfied that the agreement was made in good faith and met all necessary criteria for approval. As a result, the Commission approved the Alimak Hek Pty Ltd Engineering and Manufacturing Employees Collective Agreement 2018 - 2021.

The Fair Work Commission's decision was that the proposed agreement was approved and would become the governing employment agreement for the relevant employees. The Commission's approval was based on the finding that the agreement was fairly negotiated, contained reasonable terms, and complied with the statutory requirements for approval. The agreement was to be in effect for the specified period and would govern the employment conditions of the engineering and manufacturing employees at Alimak Hek Pty Ltd.

Alimak Hek Pty Ltd T/A Alimak Hek

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established