Enaex Australia Pty Ltd Summary

[2023] FWCA 1516

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Enaex Australia Pty Ltd

(AG2023/1424)

ENAEX AUSTRALIA MT THORLEY ENTERPRISE AGREEMENT 2022

Manufacturing and associated industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 26 MAY 2023

Application for approval of the Enaex Australia Mt Thorley Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Enaex Australia Mt Thorley Enterprise Agreement 2022 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 2 June 2023. The nominal expiry date of the Agreement is 25 May 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Enaex Australia Pty Ltd sought approval for the Enaex Australia Mt Thorley Enterprise Agreement 2022 before the Fair Work Commission. The application arose from the company's desire to finalise a new enterprise agreement with its employees, necessitating the Commission's endorsement to ensure its compliance with the Fair Work Act 2009. The dispute centred on whether the agreement met the legal requirements under the Act, particularly concerning the process followed in its negotiation and the provisions contained within.

The legal issues before the Commission included whether the agreement was genuinely negotiated and whether it complied with the provisions of the Fair Work Act. The Commission had to scrutinise the negotiation process to confirm it was genuine and whether all mandatory terms of the agreement were consistent with the legislative requirements. Additionally, the Commission considered whether the agreement provided for fair and reasonable terms and conditions of employment.

In reaching its decision, the Commission examined the evidence provided by Enaex Australia, which demonstrated a thorough and genuine negotiation process. The Commission confirmed that the agreement was negotiated in good faith and that it contained all the mandatory terms required by the Fair Work Act. The Commission also found that the terms and conditions of employment were fair and reasonable, taking into account the specific circumstances of the workforce. Based on this assessment, the Commission approved the Enaex Australia Mt Thorley Enterprise Agreement 2022.

The Fair Work Commission approved the Enaex Australia Mt Thorley Enterprise Agreement 2022, acknowledging its compliance with the Fair Work Act. This decision ensures that the terms of employment are legally binding and that both the company and its employees are governed by the provisions of the agreement. The approval also provides certainty and stability in the employment relationship, reflecting the Commission's role in overseeing the fairness and effectiveness of enterprise agreements.

Enaex Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established