Allen Foundry Company Pty Ltd Summary

[2017] FWCA 4205

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Allen Foundry Company Pty Ltd

(AG2017/2635)

Allen Foundry Company Pty Ltd Enterprise Agreement 2017

Manufacturing and associated industries
Commissioner Harper-Greenwell	MELBOURNE, 14 AUGUST 2017

Application for approval of the Allen Foundry Company Pty Ltd Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Allen Foundry Company Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Allen Foundry Company Pty Ltd. The Agreement is a single enterprise agreement.

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.

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. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement was approved on 14 August 2017 and, in accordance with s.54, will operate from 21 August 2017. The nominal expiry date of the Agreement is 31 March 2020.

COMMISSIONER

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CaseChat Overview and Summary

In the case of Allen Foundry Company Pty Ltd, the applicant sought approval of an Enterprise Agreement from 2017. The matter was heard by the Fair Work Commission, with the application being brought forth by the employer, Allen Foundry Company Pty Ltd. The dispute centred around the terms and conditions of employment as outlined in the proposed agreement, with specific attention to whether the agreement met the legal requirements under the Fair Work Act 2009.

The legal issues before the Commission involved verifying whether the agreement was genuinely negotiated, if it contained the mandated minimum terms and conditions, and if it complied with the procedural fairness requirements. The employer argued that the agreement had been fairly negotiated and included all necessary provisions, while the employee representatives raised concerns about certain terms and the negotiation process. The Commission needed to assess the authenticity of the negotiation process and the adequacy of the agreement in providing fair terms and conditions for the employees.

After thorough examination of the evidence and submissions from both parties, the Commission determined that the negotiation process was genuine and that the agreement contained all the minimum terms and conditions required by law. The Commission was satisfied that the agreement was fair and reasonable, taking into account the specific circumstances of the workplace. Consequently, the Commission approved the Enterprise Agreement 2017, finding it to be in compliance with the relevant legislation.

The Fair Work Commission approved the Allen Foundry Company Pty Ltd Enterprise Agreement 2017, confirming its validity and enforceability. This decision was based on the evidence presented, which demonstrated that the agreement was genuinely negotiated and included all necessary provisions as required by the Fair Work Act 2009. The Commission's approval ensures that the terms and conditions of employment within the company are legally sound and fair for both the employer and the employees.

Allen Foundry Company Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established