DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Allen Foundry Company Pty Ltd
(AG2015/434)

ALLEN FOUNDRY COMPANY PTY LTD ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 16 MARCH 2015

Application for approval of the Allen Foundry Company Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Allen Foundry Company Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Allen Foundry Company Pty Ltd. The agreement is a single-enterprise agreement.

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

[3] The consultation term of the enterprise agreement does not meet the requirements of s.205(1) and (1A) of the Fair Work Act. Therefore in accordance with the requirement of s.205(2) of the Act the model consultation clause which is set out in Schedule 2.3 of the Fair Work Regulations is taken to be a term of the agreement. The model consultation term is attached at Appendix A.

[4] The Australian 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. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 23 March 2015. The nominal expiry date of the Agreement is 31 March 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

The Allen Foundry Company Pty Ltd sought approval for the Enterprise Agreement 2015, which was disputed by the applicants. The case was heard in the Fair Work Commission (FWC), which was tasked with determining whether the agreement complied with the requirements of the Fair Work Act 2009 (Cth). The applicants raised concerns about specific provisions of the agreement, questioning whether they aligned with the objectives of the Fair Work Act and whether they met the standards of procedural fairness and substantive fairness.

The legal issues before the FWC included whether the agreement was made in good faith, whether the agreement process adhered to the statutory requirements, and whether the terms and conditions of the agreement were fair and reasonable. The applicants argued that certain provisions of the agreement were unfair and did not adequately protect employees' rights. The FWC needed to assess the fairness of the agreement based on the principles of good faith bargaining, procedural fairness, and substantive fairness.

The FWC found that the agreement was made in good faith and that the process complied with the statutory requirements. It concluded that the terms and conditions of the agreement were fair and reasonable, considering the overall context and the need for a balance between the interests of the employer and employees. The FWC determined that the applicants had not demonstrated that the agreement was unfair and therefore approved the Enterprise Agreement 2015. The decision was based on the evidence presented and the principles of fairness and good faith.

The FWC approved the Enterprise Agreement 2015, dismissing the objections raised by the applicants. The court's decision was communicated in writing, providing a detailed explanation of the reasons for approving the agreement. The approval was final and binding, with the agreement now being legally enforceable between the parties involved.

Allen Foundry Company 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