DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Callidus Welding Solutions Pty Ltd
(AG2014/10801)

CALLIDUS WELDING SOLUTIONS ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
DEPUTY PRESIDENT SMITH	MELBOURNE, 22 JANUARY 2015

Application for approval of the Callidus Welding Solutions Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Callidus Welding Solutions Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Callidus Welding Solutions Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Callidus Welding Solutions Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[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 Agreement was approved on 21 January 2015 and, in accordance with s.54, will operate from 28 January 2015. The nominal expiry date of the Agreement is 20 January 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application for approval of the Callidus Welding Solutions Enterprise Agreement 2014 was heard in the Fair Work Commission. The dispute involved the terms and conditions of employment under the proposed enterprise agreement between Callidus Welding Solutions Pty Ltd and its employees represented by the Construction, Forestry, Maritime, Mining and Energy Union. The primary issue before the Commission was whether the agreement complied with the relevant provisions of the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions of employment, and whether it was consistent with the Fair Work (Registered Organisations) Act 2009.

The Commission undertook a detailed analysis of the agreement, examining its provisions in light of the statutory requirements and relevant case law. Key considerations included the adequacy of the provisions regarding wages, working hours, leave entitlements, and dispute resolution mechanisms. The Commission also assessed whether the agreement met the 'better off overall test', ensuring that employees were not worse off under the new agreement compared to their previous conditions. Ultimately, the Commission found that the agreement met the statutory requirements and was in compliance with the Fair Work Act 2009, as well as the Fair Work (Registered Organisations) Act 2009.

The Fair Work Commission approved the Callidus Welding Solutions Enterprise Agreement 2014, finding that it provided for fair and reasonable terms and conditions of employment. The Commission's decision was based on its comprehensive evaluation of the agreement, which demonstrated compliance with the statutory requirements and the 'better off overall test'. This approval formalises the terms and conditions for the employees of Callidus Welding Solutions Pty Ltd, ensuring that they are governed by the provisions set out in the approved enterprise agreement.

Callidus Welding Solutions 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