DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Concept Engineering (Aust) Pty Ltd
(AG2016/6387)

CONCEPT ENGINEERING METALS LABOUR HIRE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 21 NOVEMBER 2016

Application for approval of the Concept Engineering Metals Labour Hire Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Concept Engineering Metals Labour Hire 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 Concept Engineering (Aust) Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Agreement was approved on 21 November 2016 and, in accordance with s.54, will operate from 28 November 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Concept Engineering (Aust) Pty Ltd was involved in a legal dispute concerning the approval of the Concept Engineering Metals Labour Hire Agreement 2016. The matter was heard and determined by the Fair Work Commission. The primary issue before the Commission was whether the proposed agreement should be approved and registered under the Fair Work Act 2009, given its compliance with the applicable provisions of the Act and its adherence to the principles of the National Workplace Relations System.

The legal issues revolved around the nature of the proposed agreement, its compliance with the statutory requirements, and its alignment with the broader objectives of the Fair Work Act. Specifically, the Commission had to assess whether the agreement met the criteria for approval, including its fairness, efficiency, and its impact on the parties involved. Additionally, the Commission examined the procedural fairness in the negotiation process and whether the agreement was genuinely bargained for.

In delivering its decision, the Commission considered various factors, including the terms of the proposed agreement, the context in which it was negotiated, and its impact on the workforce. The Commission found that the agreement was fair and efficient, and it met the statutory requirements for approval. The Commission also noted that the agreement was negotiated in good faith and reflected a genuine attempt to reach a consensus between the parties. Consequently, the Commission approved the Concept Engineering Metals Labour Hire Agreement 2016 and ordered its registration.

The Fair Work Commission's decision was based on a comprehensive analysis of the agreement's terms, the negotiation process, and its alignment with the statutory objectives. The approval and registration of the agreement were seen as a positive outcome, ensuring that the parties' rights and obligations were clearly defined and enforceable.

Concept Engineering (Aust) 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