Australian Fusion Welding Pty Ltd

[2014] FWCA 3053

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Fusion Welding Pty Ltd
(AG2014/779)

AUSTRALIAN FUSION WELDING ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 8 MAY 2014

Application for approval of the Australian Fusion Welding Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the
Australian Fusion Welding Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Australian Fusion Welding Pty Ltd. The agreement is a single enterprise agreement.

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

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 15 May 2014. The nominal expiry date of the Agreement is 15 May 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Australian Fusion Welding Pty Ltd sought approval of an enterprise agreement. The applicant, the employer, argued that the agreement was fair and appropriate for the employees. The Fair Work Commission (FWC) was the court responsible for this matter. The main legal issue was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the FFW had to determine whether the agreement was genuinely negotiated, covered the correct bargaining unit, and did not include terms that were less favourable than the applicable minimum entitlements.

The FFW considered the evidence and submissions from both parties. The commission found that the agreement had been genuinely negotiated between the employer and a representative of the employees. The bargaining unit was correctly identified, and the agreement did not include any terms that were less favourable than the applicable minimum entitlements. The FFW concluded that the agreement met all the necessary criteria for approval and granted the application. The FFW also made orders to ensure that the agreement was properly communicated to the employees and that the employer implemented the agreed changes.

The final orders included the approval of the Australian Fusion Welding Enterprise Agreement 2014, with specific directions for the employer to communicate the agreement to the employees and to implement the agreed changes. The FFW also directed that the employer provide a copy of the approved agreement to the Fair Work Ombudsman and to the relevant union or employee representative group. These orders ensured that the agreement was properly implemented and that the rights of the employees were protected.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established