DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CHESS Engineering Pty Ltd
(AG2016/2431)

CHESS ENGINEERING PTY LIMITED ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 24 MARCH 2016

Application for approval of the Chess Engineering Pty Limited Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Chess Engineering Pty Limited Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CHESS Engineering Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 March 2016. The nominal expiry date of the Agreement is 30 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The Fair Work Commission received an application from Chess Engineering Pty Ltd for approval of the Chess Engineering Pty Limited Enterprise Agreement 2016. The applicant is an engineering and construction company and the respondent is the Construction, Forestry, Maritime, Mining and Energy Union. The agreement in question is an enterprise agreement under the Fair Work Act 2009. The nature of the dispute pertains to the terms and conditions of employment within the company, including wages, hours of work, leave entitlements, and other related matters.

The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009, including being free from prohibited content, meeting the procedural requirements for approval, and ensuring that the agreement provided for the proper regulation of terms and conditions of employment. The Commission needed to determine if the agreement complied with the good faith bargaining obligations, whether it contained terms that were contrary to public policy, and if the agreement had been fairly and properly made.

In considering these issues, the Commission examined the evidence and submissions provided by both parties. It found that the agreement did not contain any terms that were contrary to public policy and that it had been made in good faith. The Commission also determined that the agreement met the procedural requirements for approval under the Fair Work Act 2009. Having considered all the evidence and submissions, the Commission approved the Chess Engineering Pty Limited Enterprise Agreement 2016, finding that it provided for the proper regulation of terms and conditions of employment. The agreement was registered on the date of the decision, and it will be in effect from the date of registration until it is superseded by a new agreement or until it is terminated in accordance with the Fair Work Act 2009.

CHESS Engineering 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