DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Custom Alloy Pty Ltd
(AG2014/10762)

CUSTOM ALLOY PTY LTD SINGLE ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 7 JANUARY 2015

Application for approval of the Custom Alloy Pty Ltd Single Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Custom Alloy Pty Ltd Single Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Custom Alloy Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.

[3] My satisfaction as to s.186 is subject to a written undertaking, provided in relation to concerns raised by me in respect of approval of the Agreement, which is attached to this Decision as Annexure A. In accordance with s.191(1)(b) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

[4] The Agreement is approved and, in accordance with s.54, will operate from 14 January 2015. The nominal expiry date of the Agreement is 6 January 2019.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Custom Alloy Pty Ltd sought approval of a Single Enterprise Agreement 2014 from the Fair Work Commission. The dispute involved whether the agreement met the requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009, particularly concerning procedural fairness and the best interests of the employees.

The key legal issues before the court were whether the application for approval was properly made, if the agreement complied with the statutory requirements, and whether the process followed in reaching the agreement was fair and in the best interests of the employees. The court also had to determine if the agreement was consistent with the principles of the Fair Work Act, including those relating to procedural fairness and the best interests of employees.

The Fair Work Commission found that the application for approval was properly made and that the agreement complied with the statutory requirements. The commission was satisfied that the process followed in reaching the agreement was fair and in the best interests of the employees. The agreement was deemed consistent with the principles of the Fair Work Act, and therefore, the application for approval was granted. The commission concluded that the agreement met the necessary standards and should be approved.

The final orders of the commission were that the Custom Alloy Pty Ltd Single Enterprise Agreement 2014 be approved. The agreement was to be registered and enforced as a certified agreement under the Fair Work Act 2009.

Custom Alloy 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