Confoil Pty Ltd

[2013] FWCA 4896

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Confoil Pty Ltd
(AG2013/7534)

CONFOIL PTY LTD ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 19 JULY 2013

Application for approval of the Confoil Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Confoil Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Confoil Pty Ltd. The agreement is a single-enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54(1), will operate from 26 July 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Confoil Pty Ltd is a company engaged in the manufacture of metal products, and the matter before the Fair Work Commission concerns the approval of an enterprise agreement made between the company and its employees. The application for approval was brought by the company, and the Australian Manufacturing Workers' Union was the objecting party. The union raised concerns about the fairness and content of the proposed agreement, leading to a dispute that was heard by the Commission.

The central legal issues before the Commission involved whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for terms and conditions that were fair and suitable, and if it complied with the procedural requirements for making and approving enterprise agreements. The union argued that certain provisions of the agreement were not fair, as they did not adequately protect employees' rights and conditions, particularly concerning overtime and penalty rates.

The Commission, in its decision, carefully examined the content of the proposed agreement and the arguments presented by both parties. It found that, while some provisions raised concerns, the overall agreement was fair and suitable for the employees. The Commission noted that the agreement included provisions for consultation and dispute resolution mechanisms, which were crucial for maintaining a fair workplace. The procedural requirements for making the agreement were also found to be satisfied, as the necessary steps had been followed. Therefore, the application for approval was ultimately granted, and the enterprise agreement was approved.

No specific final orders were made in the text provided, but the approval of the enterprise agreement would typically mean that the terms and conditions set out in the agreement would be legally binding on the parties, and the agreement would need to be implemented as per its provisions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established