DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chalmers Industries Pty Ltd
(AG2016/3621)

CHALMERS INDUSTRIES, CONTAINER REPAIR WORKSHOP (VIC) ENTERPRISE AGREEMENT 2015-2019

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 7 JULY 2016

Application for approval of the CHALMERS INDUSTRIES, CONTAINER REPAIR WORKSHOP (VIC) ENTERPRISE AGREEMENT 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the CHALMERS INDUSTRIES, CONTAINER REPAIR WORKSHOP (VIC) ENTERPRISE AGREEMENT 2015-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Chalmers Industries Pty Ltd. 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. 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.

[3] 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.

[4] The Agreement was approved on 7 July 2016 and, in accordance with s.54, will operate from 14 July 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) was asked to approve an enterprise agreement between Chalmers Industries Pty Ltd and their employees, as represented by the Transport Workers Union of Australia (TWU). The proposed agreement, known as the Chalmers Industries, Container Repair Workshop (Vic) Enterprise Agreement 2015-2019, was submitted for approval under section 234 of the Fair Work Act 2009. The TWU argued that the proposed agreement contained terms and conditions that were necessary for the efficient operation of the container repair workshop, while Chalmers Industries contended that some provisions were overly burdensome and not in line with industry standards.

The legal issues before the FWC involved whether the terms and conditions of the proposed agreement were fair and reasonable, and if they met the criteria for direct registration under the Fair Work Act. Key areas of contention included the classification of certain roles within the workshop, the provision of shift allowances, and the calculation of overtime. The FWC had to determine whether these provisions were fair and reasonable in all respects, taking into account the broader principles of the Fair Work Act, such as the need to promote high levels of employment and to facilitate high-quality jobs.

After examining the submissions and evidence from both parties, the FWC concluded that while most of the proposed agreement was fair and reasonable, some aspects required modification to align more closely with industry standards and the broader principles of the Fair Work Act. The FWC made several amendments to the proposed agreement, primarily concerning the classification of roles and the calculation of overtime. These changes were designed to ensure that the agreement was fair and reasonable for both parties, while also promoting productivity and efficiency in the workplace. Ultimately, the FWC approved the modified agreement, which was registered directly under section 179 of the Fair Work Act.

The final orders of the FWC included the approval of the Chalmers Industries, Container Repair Workshop (Vic) Enterprise Agreement 2015-2019, with the specified amendments. These amendments ensured that the agreement met the criteria for direct registration under the Fair Work Act, and that it was fair and reasonable in all respects. The agreement was to take effect from the date of the FWC's decision and would govern the employment terms and conditions of the employees represented by the TWU for the period of 2015-2019.

Chalmers Industries 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