DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Char Pty Ltd
(AG2017/2402)

AUSTRALIAN CHAR PTY LTD – MORWELL ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 4 AUGUST 2017

Application for approval of the Australian Char Pty Ltd – Morwell Enterprise Agreement 2017.

[1] On 21 June 2017 Australian Char Pty Ltd (Applicant) made an application for approval of the Australian Char Pty Ltd – Morwell Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

[4] 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), the Commission notes that the Agreement covers this organisation.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 11 August 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Australian Char Pty Ltd, the Fair Work Commission was tasked with determining the approval of the Morwell Enterprise Agreement 2017. The applicant, Australian Char Pty Ltd, sought to have the agreement recognised as a valid and enforceable enterprise agreement under the Fair Work Act 2009. The dispute centred around whether the agreement met the necessary requirements for approval, including the appropriate process for its negotiation and the provision of relevant information to employees.

The central legal issues that the Commission needed to address were whether the agreement was genuinely negotiated, the correct process was followed for its negotiation, and if the necessary information was provided to the employees. Specifically, the Commission had to consider if the agreement was negotiated in good faith, if the requisite procedural fairness was observed, and whether the employees had been given adequate information to understand and respond to the proposed agreement.

The Commission examined the evidence presented by both parties, including the negotiation process, the documentation provided, and the responses of the employees. The Commission found that the agreement was indeed negotiated in good faith and that the necessary procedural fairness had been observed. Additionally, the Commission determined that the employees were provided with the relevant information to make an informed decision regarding the agreement. Consequently, the Fair Work Commission approved the Morwell Enterprise Agreement 2017, finding it to be a valid and enforceable enterprise agreement under the Fair Work Act 2009.

As a result of the Commission's decision, the Morwell Enterprise Agreement 2017 is now approved and binding on all parties involved. This ruling ensures that the terms and conditions outlined in the agreement are enforceable and that the rights and obligations of the employer and employees are legally recognised.

Australian Char 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