Endless Belt (Wollongong) Pty Ltd Summary

[2014] FWCA 3925

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Endless Belt (Wollongong) Pty Ltd
(AG2014/6125)

ENDLESS BELT WOLLONGONG PTY. LTD. ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 13 JUNE 2014

Application for approval of the Endless Belt Wollongong Pty. Ltd. Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Endless Belt Wollongong Pty. Ltd. Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Endless Belt (Wollongong) Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The National Union of Workers, being a bargaining representative for the Agreement, has given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 20 June 2014. The nominal expiry date of the Agreement is 31 May 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Endless Belt (Wollongong) Pty Ltd is a company engaged in manufacturing and distribution, and the subject of this decision is an application for approval of its Enterprise Agreement 2014. The application was made under the Fair Work Act 2009 by the employer to the Fair Work Commission. The application followed negotiations between the employer and the employees' representative, the Australian Manufacturing Workers Union. The dispute centres on the terms and conditions of employment as set out in the proposed agreement.

The legal issues before the Commission involved the compliance of the agreement with the statutory requirements under the Fair Work Act, particularly sections 233 and 234, which mandate that an enterprise agreement must not have the purpose of, or effect of, discriminating against employees. The Commission had to determine if the proposed agreement met the criteria for being a "simple agreement" and if it contained terms that unfairly disadvantaged any class of employees. Additionally, the Commission examined whether the agreement adequately covered the scope of the enterprise, including the definition of employees and the types of employment covered.

The Commission found that the proposed agreement was straightforward and contained no terms that would discriminate against employees. It was deemed to be a "simple agreement" as it did not include any complex or contentious provisions. The terms of the agreement were considered fair, and the agreement effectively covered the intended scope of the enterprise. The Commission approved the application and authorised the agreement to commence on the date specified.

Endless Belt (Wollongong) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established