DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Elsum Engineering (Australia) Pty Ltd T/A Elsum Engineering (Australia) Pty Ltd
(AG2018/5822)

ELSUM ENGINEERING (AUSTRALIA) PTY LTD ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 12 MARCH 2019

Application for approval of the Elsum Engineering (Australia) Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Elsum Engineering (Australia) Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Elsum Engineering (Australia) Pty Ltd T/A Elsum Engineering (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 19 March 2019. The nominal expiry date of the Agreement is 12 March 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Elsum Engineering (Australia) Pty Ltd, trading as Elsum Engineering (Australia) Pty Ltd, sought approval for its 2018 Enterprise Agreement. The application was before the Fair Work Commission. The dispute centered on whether the agreement complied with the relevant federal industrial relations laws and if it was fair and reasonable for the employees covered by it.

The primary legal issue was whether the Enterprise Agreement met the requirements of the Fair Work Act 2009, including provisions for minimum entitlements, the bargaining process, and the fairness of the agreement itself. The Commission also needed to consider whether the agreement provided appropriate protections and benefits to the employees.

The Commission examined the agreement in detail, assessing its provisions against the statutory criteria. It considered the process through which the agreement was negotiated and whether it was made in good faith. The Commission also evaluated the agreement's impact on the employees' rights and entitlements. After careful consideration, the Commission determined that the agreement complied with the necessary legal standards and was fair and reasonable. It approved the Enterprise Agreement, finding it met the requirements of the Act and provided appropriate protections and benefits to the employees.

The Commission's final order was the approval of the Elsum Engineering (Australia) Pty Ltd Enterprise Agreement 2018. The agreement was deemed to be compliant with the Fair Work Act 2009 and was considered fair and reasonable for the employees it covered.

Elsum Engineering (Australia) Pty Ltd T/A Elsum Engineering (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