DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cigweld Pty Ltd
(AG2015/232)

CIGWELD PRESTON (MANUFACTURING) AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER BLAIR	MELBOURNE, 17 FEBRUARY 2015

Application for approval of the Cigweld Preston (Manufacturing) and National Union of Workers Enterprise Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the Cigweld Preston (Manufacturing) and National Union of Workers Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cigweld Pty Ltd (the Applicant). I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[2] The National Union of Workers, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[3] Pursuant to s.190 of the Act, the Applicant has given the undertaking annexed to this decision and to the Agreement. In accordance with ss. 191(1) and 201(3) of the Act I note that the undertaking is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 February 2015. The nominal expiry date of the Agreement is 30 June 2017.

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cigweld Pty Ltd was the applicant in a case brought before the Fair Work Commission. The applicant sought approval for an enterprise agreement that had been entered into with the National Union of Workers. The nature of the dispute was centred on the terms and conditions of employment as outlined in the proposed agreement. The court involved was the Fair Work Commission, which has jurisdiction over such matters under Australian labour law.

The legal issues that the court needed to decide were whether the proposed enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the court had to examine if the agreement was fairly negotiated, if it contained permissible terms and conditions, and if it adhered to the procedural requirements set forth by the legislation. The court also had to determine whether the agreement complied with the "better off overall test," which requires that employees be no worse off financially and, ideally, better off overall as a result of the agreement.

The Fair Work Commission assessed the application based on the criteria mentioned above. The court found that the agreement had been fairly negotiated and contained terms and conditions that were in line with the law. The court also determined that the agreement complied with the "better off overall test" and was, therefore, in the best interests of the employees. After thorough deliberation, the Commission approved the Cigweld Preston (Manufacturing) and National Union of Workers Enterprise Agreement 2014. The approval was based on the finding that the agreement met all the necessary legal requirements and provided fair and beneficial terms for the employees involved.

Cigweld 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