[2017] FWCA 799 [Note: An appeal pursuant to s.604 (C2017/923) was lodged against this decision.]

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

EMF (WA) Pty Ltd
(AG2016/7284)

EMF (WA) PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 8 FEBRUARY 2017

Application for approval of the EMF (WA) Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the EMF (WA) Pty Ltd Enterprise 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 EMF (WA) Pty Ltd. The Agreement is a single enterprise agreement.

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

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 February 2017. The nominal expiry date of the Agreement is 7 February 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

EMF (WA) Pty Ltd, an employer, applied for the approval of the EMF (WA) Pty Ltd Enterprise Agreement 2016. The application was made under section 184 of the Fair Work Act 2009, and the matter was heard in the Fair Work Commission. The dispute centred around whether the agreement met the statutory requirements for approval, specifically whether it provided for the mandatory bargaining items as stipulated in the Act.

The court had to determine if the agreement covered all the mandatory bargaining items and whether it complied with the procedural requirements of the Fair Work Act. Key issues included whether the agreement provided for minimum rates of pay, penalty rates, maximum weekly hours, and notice of termination and redundancy, among others. Additionally, the court examined whether the bargaining process was conducted fairly and in good faith.

The Fair Work Commission assessed the agreement against the legislative criteria and found that it did indeed cover all the mandatory bargaining items. The court noted that the agreement contained provisions for minimum rates of pay, penalty rates, and other relevant terms. It also determined that the bargaining process was conducted fairly, with proper notices and opportunities for employees to be represented. Consequently, the court approved the agreement under section 184 of the Fair Work Act.

The court's decision was made on the basis that the agreement was fair and met all statutory requirements. The final orders included the approval of the EMF (WA) Pty Ltd Enterprise Agreement 2016, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, thereby binding both the employer and the employees to its terms.

EMF (WA) 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