Austex Dies Pty Ltd Summary

[2014] FWCA 378

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Austex Dies Pty Ltd
(AG2013/10494)

AUSTEX DIES PTY LTD EMPLOYEES ENTERPRISE AGREEMENT 2013 - 2016

Manufacturing and associated industries
COMMISSIONER RIORDAN	SYDNEY, 15 JANUARY 2014

Application for approval of the Austex Dies Pty Ltd Employees Enterprise Agreement 2013 -2016.

[1] An application has been made for approval of an enterprise agreement known asthe Austex Dies Pty Ltd Employees Enterprise Agreement 2013 - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Austex Dies Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (AMWU) (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 2 November 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Austex Dies Pty Ltd, the applicant, sought approval for the Austex Dies Pty Ltd Employees Enterprise Agreement 2013-2016. The Fair Work Commission was required to determine if the agreement met the necessary criteria for approval under the Fair Work Act 2009. The main issues included whether the agreement contained all the mandatory terms set out in Schedule 2 of the Fair Work Act, whether it was free from prohibited content, and whether it was made in good faith and not containing any terms that were detrimental to the employees or contrary to public policy. The Commission found that the agreement contained all the required mandatory terms and was free from prohibited content. However, the Commission was concerned about several provisions that it deemed to be detrimental to the employees. Despite these concerns, the Commission concluded that the agreement was made in good faith and that the benefits of the agreement outweighed the detrimental provisions. The Fair Work Commission approved the agreement with some modifications to address the detrimental provisions. The applicant was ordered to make the necessary changes to the agreement and submit it for re-approval within a specified timeframe. The modified agreement was to be in effect from the date of the original agreement.

Austex Dies Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established