Demag Cranes and Components Pty Ltd Summary

[2013] FWCA 9946

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Demag Cranes and Components Pty Ltd
(AG2013/10016)

DEMAG AND DEMAG EMPLOYEES ENTERPRISE AGREEMENT 2013 - 2016

Manufacturing and associated industries
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 18 DECEMBER 2013

Application for approval of the Demag and Demag Employees Enterprise Agreement 2013 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Demag and Demag Employees Enterprise Agreement 2013 - 2016 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Demag Cranes and Components Pty Ltd. The Agreement is a single-enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Damag Cranes and Components Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they wantss the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 December 2013. The nominal expiry date of the Agreement is 30 March 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Demag Cranes and Components Pty Ltd, an Australian company, applied for the approval of the Demag and Demag Employees Enterprise Agreement 2013-2016. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009. The dispute centred on whether the enterprise agreement provided adequate protection for employees' terms and conditions of employment.

The primary legal issue was whether the enterprise agreement complied with the procedural and substantive requirements set forth in the Fair Work Act. The court needed to assess if the agreement was fairly negotiated and if it contained the necessary minimum terms and conditions. It also had to determine whether the agreement was in the best interests of the employees and the employer.

The Fair Work Commission found that the enterprise agreement was fairly negotiated and contained all the required minimum terms and conditions. It also concluded that the agreement was in the best interests of both the employees and the employer. The court was satisfied that the agreement provided adequate protection for employees' terms and conditions of employment.

The Fair Work Commission approved the Demag and Demag Employees Enterprise Agreement 2013-2016. The court's decision ensured that the agreement met the statutory requirements and provided a fair and balanced outcome for both the employees and the employer.

Demag Cranes and Components Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established