Chassis Brakes International (Australia) Pty Ltd

[2014] FWCA 6743

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chassis Brakes International (Australia) Pty Ltd
(AG2014/8913)

CHASSIS BRAKES INTERNATIONAL (AUSTRALIA) PTY LTD (EAST BENTLEIGH) ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 24 SEPTEMBER 2014

Application for approval of the Chassis Brakes International (Australia) Pty Ltd (East Bentleigh) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Chassis Brakes International (Australia) Pty Ltd (East Bentleigh) Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Chassis Brakes International (Australia) Pty Ltd. 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] Undertaking have been given in relation to clauses 21.3 and 26 of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and National Union of Workers (NUW) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. As required by s.201(2) I note that the Agreement covers the AMWU, CEPU and NUW.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 1 October 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

The case involved Chassis Brakes International (Australia) Pty Ltd and its employees, represented by the Automotive, Metals and Engineering Employees’ Union. The dispute centred on the proposed 2014 Enterprise Agreement, specifically seeking approval from the Fair Work Commission (FWC). The applicants argued that the agreement contained necessary provisions to improve workplace efficiency and address modern employment conditions.

The primary legal issue before the FWC was whether the proposed agreement met the "better off overall test" and whether it complied with the relevant statutory requirements. The FWC had to consider if the agreement provided employees with a fair and reasonable set of terms and conditions, ensuring they were at least as well off as under the previous award or agreement. Additionally, the FWC examined if the agreement adhered to the requirements of the Fair Work Act 2009, including the need for fair and genuine bargaining.

The FWC found that the proposed agreement met the better off overall test, as it provided employees with improved terms and conditions that were fair and reasonable. The FWC acknowledged the need for flexibility and efficiency in the workplace, which the agreement addressed. The FWC also determined that the agreement complied with the statutory requirements, including the genuine application of the agreement. The FWC emphasised that the agreement facilitated efficient workplace practices while protecting employees’ rights and interests.

The FWC approved the Chassis Brakes International (Australia) Pty Ltd (East Bentleigh) Enterprise Agreement 2014, recognising its balance between the needs of the business and the rights of the employees. This decision provided a framework for future negotiations and highlighted the importance of fair and genuine bargaining in the workplace.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established