Allen Foundry Company Pty Ltd

[2013] FWCA 2420

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Allen Foundry Company Pty Ltd
(AG2013/881)

ALLEN FOUNDRY COMPANY PTY LTD ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 19 APRIL 2013

Application for approval of the Allen Foundry Company Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Allen Foundry Company Pty Ltd Enterprise Agreement 2013 (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 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.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 26 April 2013. The nominal expiry date of the Agreement is 31 March 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Allen Foundry Company Pty Ltd sought approval of the Allen Foundry Company Pty Ltd Enterprise Agreement 2013. This application was heard in the Fair Work Commission. The respondents to the application were a number of unions representing employees of the company. The dispute centred on the terms of the enterprise agreement, specifically the provisions concerning employment conditions, remuneration, and the resolution of disputes. The unions argued that certain clauses were not in line with the Fair Work Act 2009 and did not adequately protect the rights of employees.

The primary legal issue was whether the provisions of the enterprise agreement complied with the requirements of the Fair Work Act. This included whether the agreement provided for the fair and reasonable terms of employment, and whether it contained appropriate mechanisms for the resolution of disputes. The unions contended that the agreement did not sufficiently safeguard employee rights and that some provisions were contrary to the objectives of the Act. The company argued that the agreement was fair and reasonable, and that it provided adequate mechanisms for resolving disputes.

The Commission considered the overall fairness of the agreement, including the balance of rights and obligations, and the effectiveness of the dispute resolution provisions. It was noted that while some provisions were contentious, the agreement as a whole did not significantly deviate from what would be expected in a fair and reasonable enterprise agreement. The Commission found that the agreement provided for fair and reasonable terms of employment and that the dispute resolution mechanisms were appropriate. Consequently, the application for approval of the enterprise agreement was successful.

The Fair Work Commission approved the Allen Foundry Company Pty Ltd Enterprise Agreement 2013, subject to the terms and conditions outlined in the decision. The Commission's approval was based on the finding that the agreement met the requirements of the Fair Work Act and provided for fair and reasonable terms of employment. The unions' objections were largely dismissed, and the agreement was deemed to be in the best interests of the employees and the company.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established