Apex Welding and Steel Fabrications Pty Ltd

[2013] FWCA 7952

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Apex Welding and Steel Fabrications Pty Ltd
(AG2013/10715)

APEX WELDING AND STEEL FABRICATION PTY LTD EMPLOYEE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 10 OCTOBER 2013

Application for approval of the Apex Welding and Steel Fabrication Pty Ltd Employee Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Apex Welding and Steel Fabrication Pty Ltd Employee Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Apex Welding and Steel Fabrications 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] An undertaking has been given in relation to several clauses of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 17 October 2013. The nominal expiry date of the Agreement is 16 October 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

In the Fair Work Commission, Apex Welding and Steel Fabrications Pty Ltd applied for approval of the Apex Welding and Steel Fabrication Pty Ltd Employee Agreement 2013. The application was made under section 233 of the Fair Work Act 2009, which allows for the approval of an enterprise agreement if it meets certain criteria, including that it provides for a good faith bargaining process and does not undermine the safety net of minimum wages and conditions. The applicant argued that the agreement, which was the result of a good faith bargaining process, met all the necessary requirements and should be approved.

The main legal issues before the Commission were whether the agreement provided for a good faith bargaining process, and whether it contained terms and conditions that were no less favourable than the safety net of minimum wages and conditions. The Commission examined the bargaining process and found that it was conducted in good faith, with both parties engaging in meaningful discussions and negotiations. The Commission also considered the terms and conditions of the agreement and found that they were no less favourable than the safety net.

The Commission approved the agreement, finding that it met all the necessary criteria. The Commission noted that the agreement provided for a good faith bargaining process and contained terms and conditions that were no less favourable than the safety net of minimum wages and conditions. The Commission also found that the agreement would provide for a more efficient and productive workplace, which was in the best interests of both the employer and employees.

The Commission made an order approving the Apex Welding and Steel Fabrication Pty Ltd Employee Agreement 2013, which will now be registered with the Fair Work Commission and will apply to the employees covered by the agreement. The order is effective from the date of the Commission's decision and will remain in force until it is terminated or replaced by a new agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established