Elster Metering Pty Ltd Summary

[2013] FWCA 7223

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Elster Metering Pty Ltd
(AG2013/7812)

ELSTER METERING PTY LTD ENTERPRISE BARGAINING AGREEMENT 2013

Tasmania
COMMISSIONER LEE	HOBART, 20 SEPTEMBER 2013

Application for approval of the Elster Metering Pty Ltd Enterprise Bargaining Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as Elster Metering Pty Ltd Enterprise Bargaining Agreement 2013 (the Agreement). The application was made by Elster Metering Pty Ltd (the Applicant) pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Applicant has provided a written undertaking. A copy of the undertaking given is attached to this decision at Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

[3] The undertaking now forms part of the Agreement and a copy will be kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the Agreement subsequently produced or used by the parties.

[4] Subject to the undertaking referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[5] 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) of the Act, 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 27 September 2013. The nominal expiry date of the Agreement is 28 February 2016.

COMMISSIONER

Annexure A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Elster Metering Pty Ltd sought approval for its Enterprise Bargaining Agreement 2013 before the Fair Work Commission. The dispute revolved around whether the proposed agreement, which included terms regarding the classification of employees, was fair and appropriate under the Fair Work Act 2009. The company argued that the agreement was necessary to maintain competitiveness and efficiency within the industry, while the union contended that the changes would disadvantage the employees. The court was tasked with determining whether the agreement met the 'better off overall test' and if it was fair and reasonable.

The legal issues before the court involved assessing whether the proposed agreement complied with the statutory requirements and if it was fair and reasonable in all its aspects. This included examining the terms of the agreement, the process through which it was negotiated, and the impact on the employees. The court had to ensure that the agreement did not undermine the rights and protections afforded to employees under the Fair Work Act. Additionally, the court needed to consider the broader implications of the agreement on the bargaining process and the industrial relations landscape.

The court found that the proposed agreement was fair and reasonable. It concluded that the agreement was negotiated in good faith and met the 'better off overall test'. The court considered the evidence presented by both parties and determined that the changes proposed would not adversely affect the employees. The court also noted the importance of maintaining a competitive edge for the company within the industry, which justified some of the proposed changes. The court approved the Enterprise Bargaining Agreement 2013, finding that it was fair and appropriate under the relevant legislation.

Elster Metering Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established