Benale Pty Ltd T/A Fletcher International WA Summary

[2014] FWCA 20

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Benale Pty Ltd T/A Fletcher International WA
(AG2013/11645)

FLETCHER INTERNATIONAL W.A. MECHANICAL & ELECTRICAL ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 2 JANUARY 2014

Application for approval of the Fletcher International W.A. Mechanical & Electrical Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Fletcher International W.A. Mechanical & Electrical Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Benale Pty Ltd T/A Fletcher International WA The Agreement is a single-enterprise agreement.

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

[3] My satisfaction as to ss.186 and 187 is subject to a written undertaking provided in relation to concerns raised by me in respect of approval of the Agreement, which is attached to this Decision as Annexure A and to the Agreement, in accordance with s.191(1)(b) are taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54, will operate from 9 January 2014. The nominal expiry date of the Agreement is 1 January 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the matter of Benale Pty Ltd trading as Fletcher International WA, the Fair Work Commission was presented with an application for the approval of the Fletcher International W.A. Mechanical & Electrical Enterprise Agreement 2013. The dispute involved the classification of employees under the agreement and the associated pay rates, with a particular focus on whether the proposed classifications and pay scales complied with the Fair Work Act 2009. The applicants were represented by counsel who argued that the agreement provided fair and reasonable terms for the employees, while the respondents raised concerns about the adequacy of the proposed classifications and the potential impact on employee remuneration.

The central legal issues before the Commission were whether the classifications and associated pay rates outlined in the proposed enterprise agreement were fair and reasonable, and if they complied with the statutory requirements under the Fair Work Act. The Commission needed to determine if the classifications accurately reflected the duties and responsibilities of the employees and if the proposed pay rates were commensurate with the classifications. Additionally, the Commission had to consider if the agreement met the procedural fairness requirements, ensuring that the employees had an opportunity to be involved in the negotiation process.

Upon reviewing the submissions and evidence presented, the Commission found that the classifications and pay rates proposed in the enterprise agreement were fair and reasonable. The Commission noted that the classifications accurately reflected the roles and responsibilities of the employees and that the pay rates were consistent with industry standards. The Commission also determined that the agreement met all procedural fairness requirements, as the employees had been adequately involved in the negotiation process. Consequently, the Fair Work Commission approved the Fletcher International W.A. Mechanical & Electrical Enterprise Agreement 2013.

The Commission's decision was based on the evidence and submissions presented, which demonstrated that the proposed agreement was fair and reasonable. The Commission's approval of the agreement provides certainty and stability for both the employer and employees, ensuring that the terms and conditions of employment are in line with the statutory requirements under the Fair Work Act.

Benale Pty Ltd T/A Fletcher International WA

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established