| [2016] FWCA 1279 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Baroda Manufacturing Pty Ltd T/A Baroda Manufacturing
(AG2015/7868)
BARODA MANUFACTURING ENTERPRISE AGREEMENT 2015
Manufacturing and associated industries | |
COMMISSIONER ROE | MELBOURNE, 1 MARCH 2016 |
Application for approval of the Baroda Manufacturing Enterprise Agreement 2015.
[1] An application has been made for approval of an enterprise agreement known as the Baroda Manufacturing Enterprise Agreement 2015 (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 Applicant 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
[5] 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.
[6] The Agreement was approved on 1 March 2016 and, in accordance with s.54, will operate from 8 March 2016. The nominal expiry date of the Agreement is 30 June 2018.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
Price code C, AE418013 PR577481
Annexure A
- AGLC
- Baroda Manufacturing Pty Ltd T/A Baroda Manufacturing [2016] FWCA 1279
- Case
- [2016] FWCA 1279
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Commission was whether the provisions of the agreement in question met the criteria for approval under the Fair Work Act. Specifically, the Commission needed to determine if the provisions were fair and met the "better off overall test" as required by the Act. The Commission also considered whether the agreement was negotiated in good faith and if it provided for the appropriate balance of rights and obligations.
After considering the evidence and submissions from both parties, the Commission found that the provisions of the agreement were fair and met the requirements of the Act. The Commission concluded that the agreement provided for appropriate protections for employees and that the parties had negotiated in good faith. The Commission also found that the agreement provided for a fair balance of rights and obligations between the parties.
As a result, the Commission approved the Baroda Manufacturing Enterprise Agreement 2015. The agreement is now legally binding on the parties and will govern the employment conditions of the employees covered by the agreement. The decision provides clarity for employers and employees in the construction industry and reinforces the importance of fair and good faith bargaining in the workplace.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.