DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Elster Metering Pty Ltd
(AG2016/1418)

ELSTER METERING PTY LTD ENTERPRISE BARGAINING AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 30 JUNE 2016

Application for approval of the Elster Metering Pty Ltd Enterprise Bargaining Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Elster Metering Pty Ltd Enterprise Bargaining Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Elster Metering 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. 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.

[3] 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.

[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 1 July 2016 and, in accordance with s.54, will operate from 8 July 2016. The nominal expiry date of the Agreement is 28 February 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Elster Metering Pty Ltd was the subject of an application to the Fair Work Commission for approval of an enterprise bargaining agreement. The dispute involved the terms and conditions of employment for the employees of Elster Metering Pty Ltd. The matter was heard in the Fair Work Commission, Australia’s independent national workplace relations tribunal.

The legal issues before the Commission were whether the proposed enterprise bargaining agreement complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009. Specifically, the Commission had to determine if the agreement met the requirements for a registered agreement, including whether it contained the mandated minimum terms and conditions, and whether it had been fairly negotiated.

The Commission found that the proposed agreement met all statutory requirements for registration. The agreement included all the mandated minimum terms and conditions, and the process of negotiation was deemed fair. The evidence presented demonstrated that the agreement had been negotiated in good faith and that all necessary steps were taken to ensure that the employees were adequately informed and had an opportunity to participate in the negotiation process. As a result, the Commission approved the enterprise bargaining agreement.

Consequently, the Fair Work Commission approved the Elster Metering Pty Ltd Enterprise Bargaining Agreement 2016, recognising it as a registered agreement under the Fair Work Act 2009. This decision ensures that the agreement will govern the employment terms and conditions of the employees of Elster Metering Pty Ltd, providing a legally binding framework for workplace relations within the company.

Elster Metering 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