Core Roll Surface Technologies Pty Ltd

[2022] FWCA 3744

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Core Roll Surface Technologies Pty Ltd

(AG2022/4256)

Core/CORE/RST - The Australian Workers' Union (Western Port) Agreement 2022 - 2025

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 28 OCTOBER 2022

Application for approval of the Core/CORE/RST - The Australian Workers' Union (Western Port) Agreement 2022 – 2025.

An application has been made for approval of an enterprise agreement known as the Core/CORE/RST - The Australian Workers’ Union (Western Port) Agreement 2022 – 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Core Roll Surface Technologies Pty Ltd. The Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of 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 Australian Workers’ Union 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 November 2022. The nominal expiry date of the Agreement is 1 July 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Core Roll Surface Technologies Pty Ltd applied to the Fair Work Commission (FWC) for approval of the Core/CORE/RST - The Australian Workers' Union (Western Port) Agreement 2022 – 2025. The dispute involved the terms of the proposed enterprise agreement and whether it complied with the relevant legislative framework. The FWC was tasked with determining whether the agreement was in the best interests of the employees and whether it met the legal requirements set out in the Fair Work Act 2009. The key legal issues before the FWC were whether the proposed agreement provided for fair and reasonable terms for employees, whether it complied with the procedural fairness requirements, and if it adhered to the provisions of the Fair Work Act.

The FWC examined the terms and conditions outlined in the proposed agreement, including wages, working hours, and other employment conditions. The FWC also considered the fairness and reasonableness of these terms in the context of the specific industry and the bargaining power of the parties. Additionally, the FWC assessed whether the agreement was made in good faith and whether there was procedural fairness in the bargaining process. The FWC also evaluated if the agreement included all the prescribed minimum terms and conditions as required by the Fair Work Act.

After careful consideration of the arguments and evidence presented, the FWC found that the proposed agreement met the legal requirements and was in the best interests of the employees. The FWC approved the agreement, noting that it provided fair and reasonable terms, complied with procedural fairness, and adhered to the provisions of the Fair Work Act. The FWC concluded that the agreement was appropriate and beneficial for the employees and the employer.

The FWC approved the Core/CORE/RST - The Australian Workers' Union (Western Port) Agreement 2022 – 2025, effective from the date of the approval and until it expires on the last day of 30 June 2025. The FWC's decision was based on the finding that the agreement met the legal requirements, was fair and reasonable, and adhered to the provisions of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established