Chassis Brakes International Castings Pty Ltd Summary

[2013] FWCA 8358

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Chassis Brakes International Castings Pty Ltd
(AG2013/9481)

CHASSIS BRAKES INTERNATIONAL CASTINGS PTY LTD ENTERPRISE AGREEMENT 2012

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 24 OCTOBER 2013

Application for approval of the Chassis Brakes International Castings Pty Ltd Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Chassis Brakes International Castings Pty Ltd Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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 ) and the Australian Workers’ Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. As required by s.201(2) I note that the Agreement covers those organisations.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 31 October 2013. The nominal expiry date of the Agreement is30 June 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) was presented with an application for the approval of an enterprise agreement between Chassis Brakes International Castings Pty Ltd and its employees, as represented by the Manufacturing and Associated Industries and Professions Union (MAPIEU). The dispute arose from the company's desire to alter certain terms and conditions of employment, which the union contested on behalf of its members. The central issue before the FWG was whether the proposed changes were in the best interest of the employees and whether they complied with the statutory requirements set out in the Fair Work Act 2009. Specifically, the FWC had to determine if the agreement met the 'better off overall test', ensuring that no employee would be worse off and that some would be better off overall than under the previous award.

The FWC considered the arguments presented by both parties, focusing on the proposed changes' impact on wages, working conditions, and other employment terms. The union argued that the proposed changes would result in a detrimental shift in the balance of power between the employer and employees, while the company contended that the changes were necessary to remain competitive and viable in the market. The FWC also examined the fairness of the proposed changes in terms of procedural fairness and whether the agreement had been genuinely negotiated. After careful consideration of the evidence and submissions, the FWC concluded that the proposed changes were in the best interests of the employees and met the statutory requirements.

The FWC approved the enterprise agreement, stating that it passed the 'better off overall test' and was fairly negotiated. The agreement was deemed to provide benefits to some employees, such as increased flexibility in working hours and additional leave provisions, while ensuring that no employee would be worse off overall. The FWC found that the agreement addressed the company's need to remain competitive while maintaining a fair and equitable relationship between the employer and employees. The FWC also noted that the agreement included appropriate mechanisms for the resolution of disputes and provided for the ongoing consultation between the parties.

Chassis Brakes International Castings Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established