DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chemring Australia Pty Ltd
(AG2017/1302)

CHEMRING AUSTRALIA PTY. LTD. COLLECTIVE AGREEMENT 2016 - 2018

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 16 MAY 2017

Application for approval of the Chemring Australia Pty. Ltd. Collective Agreement 2016 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Chemring Australia Pty. Ltd. Collective Agreement 2016 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Chemring Australia Pty Ltd. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Australian Workers’ Union 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 16 May 2017 and, in accordance with s.54, will operate from 23 May 2017. The nominal expiry date of the Agreement is 31 October 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of the Chemring Australia Pty Ltd Collective Agreement 2016-2018. The Fair Work Commission (FWC) was asked to determine whether the agreement met the requirements for approval under the Fair Work Act 2009. The application was brought by the employer, Chemring Australia Pty Ltd, and the relevant unions. The FWC needed to assess if the agreement provided for fair and reasonable terms and conditions, was in line with the principles of the Fair Work Act, and did not undermine the protection of workers' rights.

The primary legal issue before the FWC was whether the proposed collective agreement satisfied the statutory criteria for approval. This involved evaluating if the agreement provided for fair and reasonable terms and conditions of employment, and if it complied with the fundamental principles of the Fair Work Act, including ensuring that it did not undermine the protection of workers' rights. The FWC also needed to consider if the agreement appropriately balanced the interests of both employers and employees, and if it adhered to the procedural requirements for approval.

The FWC carefully examined the terms of the proposed agreement, noting the negotiations and compromises made by both parties. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, was consistent with the principles of the Fair Work Act, and did not undermine the protection of workers' rights. The FWC concluded that the agreement appropriately balanced the interests of both employers and employees and met the procedural requirements for approval. Accordingly, the FWC approved the Chemring Australia Pty Ltd Collective Agreement 2016-2018, effective from the date of the decision.

In conclusion, the Fair Work Commission approved the Chemring Australia Pty Ltd Collective Agreement 2016-2018, finding that it met the statutory criteria for approval. The agreement was deemed to provide for fair and reasonable terms and conditions of employment, comply with the principles of the Fair Work Act, and appropriately balance the interests of both employers and employees. The approval of the agreement will now govern the employment terms and conditions for the relevant period, ensuring a fair and reasonable framework for both parties.

Chemring Australia 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