Enaex Australia Pty Ltd

[2022] FWCA 1667

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Enaex Australia Pty Ltd

(AG2022/1272)

Enaex Australia Savage River Enterprise Agreement 2021

Mining industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 20 MAY 2022

Application for approval of the Enaex Australia Savage River Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Enaex Australia Savage River Enterprise Agreement 2021 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Act). It has been made by Enaex Australia Pty Ltd (Employer). The Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, 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.

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.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 27 May 2022. The nominal expiry date of the Agreement is 23 May 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Enaex Australia Pty Ltd, who sought approval for the Enaex Australia Savage River Enterprise Agreement 2021. The dispute arose from negotiations between the company and its employees regarding the terms of their employment. The Commission was tasked with determining whether the agreement met the legal standards for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement contained all the required provisions and was free from any defects that would render it invalid. This included examining if the agreement was made in good faith, whether it provided for fair and reasonable terms and conditions, and if it was appropriately certified by an independent certifier. Additionally, the Commission needed to consider whether the agreement complied with the relevant provisions of the Fair Work Act and the Fair Work Regulations.

In its decision, the Commission found that the agreement did not adequately address certain employment terms and conditions, which were critical for ensuring fairness and reasonableness. The Commission noted that some provisions were either incomplete or not in line with the statutory requirements. Consequently, the agreement was not approved as it did not meet the necessary standards for validity. The Commission emphasised the importance of ensuring all required terms and conditions were clearly and comprehensively addressed in future agreements.

The Commission's final order was that the Enaex Australia Savage River Enterprise Agreement 2021 be not approved. This decision underscores the importance of ensuring all enterprise agreements comply with the legal framework established under the Fair Work Act and related regulations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established