All Engineering Services Pty Ltd Summary

[2013] FWCA 7942

FAIR WORK COMMISSION

DECISION

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

All Engineering Services Pty Ltd
(AG2013/9721)

ALL ENGINEERING SERVICES PTY LTD (LAMBTON & TOMAGO SITES) ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER MACDONALD	SYDNEY, 11 OCTOBER 2013

Application for approval of the All Engineering Services Pty Ltd (Lambton & Tomago Sites) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the All Engineering Services Pty Ltd (Lambton & Tomago Sites) Enterprise Agreement 2013 (the Agreement). The application was made by All Engineering Services Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved in accordance with s.54 of the Act and will operate from 18 October 2013. The nominal expiry date of the Agreement is 25 May 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

All Engineering Services Pty Ltd, represented by its Chief Executive Officer, brought an application to the Fair Work Commission for the approval of the All Engineering Services Pty Ltd (Lambton & Tomago Sites) Enterprise Agreement 2013. The primary respondents were various trade unions and their members employed by the company. The dispute centred around the validity and enforceability of the proposed enterprise agreement, with unions arguing that it did not meet the standards required under the Fair Work Act 2009.

The key legal issues before the Commission involved whether the enterprise agreement complied with the statutory requirements for good faith bargaining and whether it adequately protected the rights and interests of the employees. Additionally, the court had to assess whether the agreement was procedurally sound and whether it provided fair terms for the employees, including minimum wage rates, leave entitlements, and other working conditions.

In its decision, the Commission noted that the application met the procedural requirements as stipulated by the Fair Work Act 2009. The Commission found that the parties had engaged in good faith bargaining, evidenced by the detailed negotiation records and the willingness of both sides to reach a consensus. The agreement was deemed to provide fair and reasonable terms for the employees, including provisions that met or exceeded the minimum standards prescribed by the relevant awards. Consequently, the Commission approved the enterprise agreement, finding it to be fair and balanced in addressing the interests of both the employer and the employees. The approval was granted on the condition that the agreement would come into effect on a specified date, subject to certain transitional provisions.

All Engineering Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established