DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Diecraft Australia Pty Ltd
(AG2015/6685)

DIECRAFT AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 11 DECEMBER 2015

Application for approval of the Diecraft Australia Pty Ltd Enterprise Agreement 2015.

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

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

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 December 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Diecraft Australia Pty Ltd sought approval of the Diecraft Australia Pty Ltd Enterprise Agreement 2015. The respondent, the Automotive, Metals and Engineering Employees Union, challenged the application on the grounds that the agreement did not meet the requirements of the Fair Work Act 2009. The dispute centred on whether the agreement, which was negotiated between the parties, sufficiently covered all the necessary terms and conditions of employment and whether it had been fairly and properly negotiated. The Commission was required to determine whether the agreement was in accordance with the Act, including whether it had been made in good faith and whether it had been negotiated fairly.

The Commission examined the negotiation process and the content of the agreement to assess compliance with the statutory requirements. The key issue was whether the agreement had been negotiated in good faith and whether it contained all the essential terms and conditions of employment as mandated by the Act. The Commission also considered whether the agreement provided adequate protections for employees and whether it had been made without coercion. In its decision, the Commission found that the agreement had been negotiated in good faith and that it contained all the necessary terms and conditions of employment. The Commission was satisfied that the agreement met the statutory requirements and approved the application for its registration.

Consequently, the Fair Work Commission approved the Diecraft Australia Pty Ltd Enterprise Agreement 2015, finding that it complied with the Fair Work Act 2009. The Commission determined that the agreement was made in good faith and contained all the essential terms and conditions of employment. The approval of the agreement allows it to be registered and enforceable, providing a framework for the terms and conditions of employment for the parties involved. The Commission's decision ensures that the agreement will operate as a valid and binding enterprise agreement under the Act.

Diecraft Australia 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