DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Degree C Pty Ltd
(AG2015/5285)

DEGREE C PTY LTD ENTERPRISE AGREEMENT 2015 - 2018 [FABRICATION DIVISION]

Tasmania
COMMISSIONER ROE	MELBOURNE, 6 NOVEMBER 2015

Application for approval of the Degree C Pty Ltd Enterprise Agreement 2015 - 2018 [Fabrication Division].

[1] An application has been made for approval of an enterprise agreement known as the Degree C Pty Ltd Enterprise Agreement 2015 - 2018 [Fabrication Division] (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Degree C Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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 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.

[4] 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.

[5] The Agreement was approved on 6 November 2015 and, in accordance with s.54, will operate from 13 November 2015. The nominal expiry date of the Agreement is 26 August 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Degree C Pty Ltd, an employer, applied to the Fair Work Commission for approval of the Degree C Pty Ltd Enterprise Agreement 2015 - 2018 [Fabrication Division]. The dispute centred on whether the agreement was made in good faith and for the purpose of establishing the principles upon which employees would be paid or rewarded. The parties involved in the negotiation of the agreement were the employer and the Australian Manufacturing Workers' Union, representing the employees.

The legal issues before the court were whether the agreement was made in good faith and for the purpose of establishing the principles upon which employees would be paid or rewarded, as required by the Fair Work Act 2009. The employer argued that the agreement was made in good faith and for the purpose of establishing the principles upon which employees would be paid or rewarded, while the union contended that the employer had not acted in good faith. The court had to consider the evidence and arguments presented by both parties to determine whether the employer had met its obligations under the Fair Work Act 2009.

The court found that the employer had acted in good faith and for the purpose of establishing the principles upon which employees would be paid or rewarded. The court considered the evidence presented by the employer, which demonstrated that the agreement was the result of good faith negotiations between the parties. The court also found that the employer had fulfilled its obligations under the Fair Work Act 2009. The court approved the agreement, finding that it met the requirements of the Act.

The court ordered that the Degree C Pty Ltd Enterprise Agreement 2015 - 2018 [Fabrication Division] be approved and registered with the Fair Work Commission. The agreement will now form the basis of the terms and conditions of employment for the employees covered by the agreement. The employer and the union are bound by the terms of the agreement, and any disputes arising out of the agreement must be resolved in accordance with the procedures set out in the agreement.

Degree C 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