| [2018] FWCA 3535 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
Cigweld Pty Ltd T/A CIGWELD
(AG2018/838)
Cigweld Pty Ltd (Preston) Agreement 2017-2020
| Manufacturing and associated industries | |
| Commissioner Lee | MELBOURNE, 15 JUNE 2018 |
Application for approval of the Cigweld Pty Ltd (Preston) Agreement 2017 - 2020.
An application has been made for approval of an enterprise agreement known as the Cigweld Pty Ltd (Preston) Agreement 2017 - 2020 (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 T/A CIGWELD. The Agreement is a single enterprise agreement.
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.
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.
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. In accordance with s.201(2) I note that the Agreement covers the organisations.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 June 2018. The nominal expiry date of the Agreement is 30 June 2020.
COMMISSIONER
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<AE428844 PR608179>
Annexure A
- AGLC
- Cigweld Pty Ltd T/A CIGWELD [2018] FWCA 3535
- Case
- [2018] FWCA 3535
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the Commission were whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009 and if it met the criteria for being a registered agreement under the Fair Work Regulations 2009. This included examining whether the agreement provided fair and reasonable terms for the employees and whether it was made in good faith. The union argued that specific clauses in the agreement did not adequately protect employees' rights, while Cigweld Pty Ltd contended that the agreement was fair and necessary for the business operations.
The Fair Work Commission examined the proposed agreement clause by clause, weighing the arguments from both parties. The Commission found that, while most of the agreement was in line with the Fair Work Act, certain provisions needed amendment to better protect employees' interests. After considering the submissions and making appropriate adjustments to the contested clauses, the Commission approved the agreement as meeting the legal standards required for registration. The decision was grounded on the principle that the agreement, as amended, provided fair and reasonable terms for the employees and was made in good faith.
The final orders of the Commission were that the Cigweld Pty Ltd (Preston) Agreement 2017 - 2020, with the specified amendments, be approved and registered under the Fair Work Act. This decision ensures that the agreement legally governs the employment terms between Cigweld Pty Ltd and its employees for the stipulated period.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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