Concept Engineering (Aust) Pty Ltd Summary

[2013] FWCA 10113

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Concept Engineering (Aust) Pty Ltd
(AG2013/10153)

CONCEPT ENGINEERING (AUBURN SITE), MANCHESTER ROAD, AUBURN, NEW SOUTH WALES AGREEMENT 2013-2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 20 DECEMBER 2013

Application for approval of the Concept Engineering (Auburn Site), Manchester Road, Auburn, New South Wales Enterprise Agreement 2013-2015.

[1] An application has been made for approval of an enterprise agreement known as the Concept Engineering (Auburn Site), Manchester Road, Auburn, New South Wales Enterprise Agreement 2013-2015 (the Agreement). The application was made pursuant to s185 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] The Agreement was not lodged within 14 days after it was made. The Applicant has provided an explanation which I have found to be satisfactory. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application to 20 November 2013.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Automotive, Food, Metals, Engineering, Printing, and Kindred Industries Union, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 27 December 2013. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Concept Engineering (Aust) Pty Ltd, sought approval of a proposed enterprise agreement under the Fair Work Act 2009. The dispute arose over the validity and fairness of the proposed agreement which aimed to regulate employment terms and conditions for employees at the Auburn Site, Manchester Road, Auburn, New South Wales. The case was heard in the Fair Work Commission, which has jurisdiction over matters concerning workplace relations and enterprise agreements in Australia.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the statutory requirements set out in the Fair Work Act, particularly concerning the process through which it was negotiated and whether it met the "better off overall test". The Commission also needed to determine if the agreement was made in good faith and if it provided for the fair treatment of employees. This involved examining the evidence provided by both parties and assessing the fairness of the terms proposed in the agreement.

The Fair Work Commission found that the proposed enterprise agreement was indeed made in good faith and met the statutory requirements for approval. The Commission concluded that the process followed in negotiating the agreement was appropriate and that it was fair and reasonable for the employees. The terms of the agreement were deemed to be better off overall for the employees when compared to the applicable award or registered agreement. The evidence presented demonstrated that the agreement was fair and balanced, providing adequate protections and benefits to the employees.

The Commission approved the Concept Engineering (Auburn Site) Manchester Road, Auburn, New South Wales Enterprise Agreement 2013-2015. This decision confirmed the agreement as valid and enforceable, setting out the terms and conditions of employment for the specified period. The approval was based on the Commission's determination that the agreement was fair, reasonable, and met all necessary statutory requirements under the Fair Work Act.

Concept Engineering (Aust) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established