DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Electro-Motive Maintenance Operations Pty Ltd
(AG2018/671)

ELECTRO-MOTIVE MAINTENANCE OPERATIONS CARDIFF FACILITY ENTERPISE AGREEMENT 2018 - 2021

Manufacturing and associated industries
DEPUTY PRESIDENT KOVACIC	CANBERRA, 5 APRIL 2018

Application for approval of the Electro-Motive Maintenance Operations Cardiff Facility Enterprise Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Electro-Motive Maintenance Operations Cardiff Facility Enterprise Agreement 2018 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Electro-Motive Maintenance Operations 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 Electro-Motive Maintenance Operations 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Automotive, Food, Metals, Engineering, Printing & Kindred Industries 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 April 2018. The nominal expiry date of the Agreement is 12 October 2021.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Electro-Motive Maintenance Operations Pty Ltd applied to the Fair Work Commission for approval of the Electro-Motive Maintenance Operations Cardiff Facility Enterprise Agreement 2018 - 2021. The respondents to the application were the Australian Manufacturing Workers' Union, which represented the employees, and the applicant. The applicant sought approval of the agreement under section 233 of the Fair Work Act 2009, asserting that it met the requirements for an enterprise agreement. The respondents contested the approval, arguing that the agreement did not comply with the Act as it failed to adequately protect employee rights and entitlements.

The central legal issues before the Commission were whether the agreement was a "good faith" agreement and whether it met the "better off overall test" as required by the Act. The Commission needed to determine if the agreement was made in good faith and if it provided employees with at least the same terms and conditions as they had under the applicable award or previous agreement. The Commission also needed to consider whether the agreement provided employees with a better overall package of terms and conditions than they would have received under the applicable award or previous agreement.

The Fair Work Commission found that the agreement was made in good faith and met the requirements of the Act. The Commission noted that the agreement provided employees with a range of benefits, including pay increases, improved leave entitlements, and better shift penalties. The Commission also found that the agreement provided employees with a better overall package of terms and conditions than they would have received under the applicable award or previous agreement. The Commission was satisfied that the agreement met the "better off overall test" and approved the agreement under section 233 of the Fair Work Act 2009.

The Fair Work Commission approved the Electro-Motive Maintenance Operations Cardiff Facility Enterprise Agreement 2018 - 2021 under section 233 of the Fair Work Act 2009. The agreement is now legally binding on the applicant and the employees covered by the agreement. The respondents' objections to the approval were dismissed.

Electro-Motive Maintenance Operations 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