Chalmers Industries Pty Ltd Summary

[2013] FWCA 5989

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chalmers Industries Pty Ltd
(AG2013/2346)

CHALMERS INDUSTRIES, CORNER OF FRANCIS STREET AND HARDIE ROAD BROOKLYN VIC 3025 COLLECTIVE BARGAINING AGREEMENT 2011- 2015

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 21 AUGUST 2013

Application for approval of the Chalmers Industries, Corner of Francis Street and Hardie Road Brooklyn Vic 3025 Collective Bargaining Agreement 2011- 2015.

[1] An application has been made for approval of an enterprise agreement known as the Chalmers Industries, Corner of Francis Street and Hardie Road Brooklyn Vic 3025 Collective Bargaining Agreement 2011- 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Chalmers Industries Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[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. As required by s.201(2) I note that the Agreement covers the organisation.

[4] I raised an issue of concern with the Applicant in relation to sub-clause 40.1. The concern was that the sub-clause stated that the term of the Agreement which could be varied by an individual flexibility arrangement was “An employee may choose to work overtime instead of RDO accrual”.

[5] The Applicant and the AMWU jointly wrote to me on 15 August 2013 and identified that sub-clause 40.1 contained a typographical error and that it was intended that the provision read: “The term of the Agreement which may be varied by an individual flexibility arrangement is clause 10, Hours of Work and Leisure Time”. An amended version of the Agreement was filed by the Applicant.

[6] Pursuant to s.586 of the Act, I accept the amended version of the Agreement as filed by the applicant on 20 August 2013 as the version of the agreement which I now approve.

[7] The Agreement is approved and, in accordance with s.54(1), will operate from 28 August 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Chalmers Industries Pty Ltd, the applicant sought approval for a proposed collective bargaining agreement covering employees at the Corner of Francis Street and Hardie Road, Brooklyn, Victoria. The applicant is a company operating in the manufacturing sector, and the agreement in question relates to the period from 2011 to 2015. The application was lodged with the Fair Work Commission, which is responsible for overseeing and approving such agreements.

The central legal issues addressed by the Commission involved whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement met the statutory requirements for approval, including whether it was made in good faith, whether it provided for the fair and efficient resolution of workplace issues, and whether it was consistent with the broader objectives of the Act. Additionally, the Commission considered whether the agreement provided adequate protections and benefits for the employees.

After thorough examination, the Commission found that the proposed agreement met all statutory requirements for approval. The agreement was deemed to be made in good faith and was consistent with the objectives of the Fair Work Act. It was found to provide for the fair and efficient resolution of workplace issues, and it offered adequate protections and benefits to the employees. The Commission also noted that the agreement had been developed through a process of good faith bargaining between the applicant and the relevant trade union. Consequently, the Commission approved the application, confirming that the proposed collective bargaining agreement was valid and enforceable.

In light of the approval, the Fair Work Commission issued an order approving the Chalmers Industries, Corner of Francis Street and Hardie Road Brooklyn Vic 3025 Collective Bargaining Agreement 2011-2015, effective from the date of the order. The agreement now serves as the legally binding framework governing the terms and conditions of employment for the employees covered by the agreement, for the specified period.

Chalmers Industries Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established