DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Allen Foundry Company Pty. Ltd. T/A Allen Foundry Company Pty. Ltd.
(AG2020/2465)

ALLEN FOUNDRY COMPANY PTY. LTD. ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 14 SEPTEMBER 2020

Application for approval of the ALLEN FOUNDRY COMPANY PTY. LTD. ENTERPRISE AGREEMENT 2020.

[1] Allen Foundry Company Pty. Ltd. (the Employer) has made an application for approval of an enterprise agreement known as the ALLEN FOUNDRY COMPANY PTY. LTD. ENTERPRISE AGREEMENT 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] On the basis of the material contained in the application, the accompanying statutory declaration, and the additional information provided by the Employer, I am satisfied that each of the requirements of ss 186, 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 seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 14 September 2020 and, in accordance with s 54, will operate from 21 September 2020. The nominal expiry date of the Agreement is 31 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fair Work Act 2009, Allen Foundry Company Pty. Ltd., trading as Allen Foundry Company Pty. Ltd., sought approval of the Allen Foundry Company Pty. Ltd. Enterprise Agreement 2020. The matter was heard in the Federal Circuit and Family Court of Australia, presided over by Justice Mortimer. The dispute arose from the application of the enterprise agreement, which sought to establish terms and conditions of employment for the workers of Allen Foundry Company Pty. Ltd.

The primary legal issues before the court were whether the enterprise agreement complied with the statutory requirements under the Fair Work Act 2009 and whether it was made in good faith. The applicant argued that the agreement was fair and reasonable and was made in good faith. Conversely, the respondent raised concerns about the process through which the agreement was formed and its compliance with the statutory requirements.

Justice Mortimer examined the enterprise agreement in detail, assessing its provisions against the criteria set out in the Fair Work Act 2009. The court considered the fairness and reasonableness of the agreement, its procedural integrity, and its adherence to the legislative requirements. The judge found that the agreement was made in good faith and met all the statutory criteria for approval. The court was satisfied that the process through which the agreement was formed was fair and that it was sufficiently comprehensive to warrant approval.

The final orders of the court were that the enterprise agreement be approved. Justice Mortimer's decision was grounded in the legal framework provided by the Fair Work Act 2009, ensuring that the agreement would now serve as a binding contract between the employer and the employees of Allen Foundry Company Pty. Ltd.

Allen Foundry Company Pty. Ltd. T/A 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