DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Baroda Manufacturing Pty Ltd T/A Baroda Manufacturing
(AG2018/2724)

BARODA MANUFACTURING ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 27 SEPTEMBER 2018

Application for approval of the Baroda Manufacturing Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Baroda Manufacturing Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Baroda Manufacturing Pty Ltd T/A Baroda Manufacturing. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

[5] The Agreement was approved on 27 September 2018 and, in accordance with s.54, will operate from 4 October 2018. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Baroda Manufacturing Pty Ltd, trading as Baroda Manufacturing, applied for approval of the Baroda Manufacturing Enterprise Agreement 2018. The applicant, an employer in the manufacturing sector, sought to have the agreement recognised as a certified agreement under the Fair Work Act 2009. The application involved determining whether the agreement met the necessary requirements for approval and whether it complied with the relevant provisions of the Act and the Fair Work Regulations 2009.

The primary legal issue the Commission had to address was whether the agreement contained all the mandatory terms prescribed by the Fair Work Act 2009 and adhered to the procedural requirements for certification. Specifically, the Commission examined whether the agreement was negotiated in good faith and whether it complied with the various provisions of the Act, including those relating to the minimum entitlements of employees and the process for making the agreement. Furthermore, the Commission considered whether the agreement was fair and whether it provided for appropriate mechanisms for resolving disputes.

The Commission found that the Baroda Manufacturing Enterprise Agreement 2018 met the necessary criteria for approval. It was determined that the agreement contained all the mandatory terms required by the Fair Work Act 2009 and that it had been negotiated in good faith. The Commission was satisfied that the agreement complied with the procedural requirements for certification and that it provided for appropriate mechanisms for resolving disputes. Accordingly, the application for approval was successful, and the agreement was certified as a registered agreement.

The Fair Work Commission certified the Baroda Manufacturing Enterprise Agreement 2018 as a registered agreement, effective from the date of the decision. This certification ensures that the agreement will provide the basis for the terms and conditions of employment for the employees covered by the agreement, and it will remain in effect until it is replaced by a new agreement or expires under the provisions of the Fair Work Act 2009.

Baroda Manufacturing Pty Ltd T/A Baroda Manufacturing

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established