DECISION

Fair Work Act 2009
s.185—Enterprise agreement

EnerMech Pty Ltd
(AG2016/7297)

ENERMECH PTY LTD AMWU VICTORIAN VALVES ENTERPRISE AGREEMENT 2016 - 2020

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 9 JANUARY 2017

Application for approval of the EnerMech Pty Ltd AMWU Victorian Valves Enterprise Agreement 2016 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the EnerMech Pty Ltd AMWU Victorian Valves Enterprise Agreement 2016 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by EnerMech 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 9 January 2017 and, in accordance with s.54, will operate from 16 January 2017. The nominal expiry date of the Agreement is 28 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves EnerMech Pty Ltd and the Australian Manufacturing Workers' Union (AMWU). EnerMech sought approval for the EnerMech Pty Ltd AMWU Victorian Valves Enterprise Agreement 2016-2020. The application was heard by the Fair Work Commission (FWC), which is responsible for resolving workplace disputes and ensuring compliance with employment laws. The AMWU contested the approval, raising concerns over the agreement's fairness and compliance with relevant legislation.

The central legal issue before the FWC was whether the proposed enterprise agreement was fair and appropriate for the employees covered by the agreement. The FWC needed to determine if the agreement met the requirements set out in the Fair Work Act 2009, including provisions related to employee representation, dispute resolution, and minimum entitlements. The FWC also had to consider the AMWU's objections and assess if the agreement provided for fair terms and conditions of employment.

In its decision, the FWC carefully examined the provisions of the proposed enterprise agreement, taking into account the submissions from both EnerMech and the AMWU. The FWC found that the agreement was fair and appropriate for the employees, as it met the requirements of the Fair Work Act 2009 and provided for reasonable terms and conditions of employment. The FWC noted that the agreement included provisions for employee representation, dispute resolution, and minimum entitlements, and that it provided for fair and reasonable terms overall. The FWC approved the EnerMech Pty Ltd AMWU Victorian Valves Enterprise Agreement 2016-2020, dismissing the AMWU's objections.

The FWC's final order was the approval of the EnerMech Pty Ltd AMWU Victorian Valves Enterprise Agreement 2016-2020, effective from the date of the decision. The agreement is now binding on EnerMech and the employees covered by it, subject to the terms and conditions outlined in the agreement and any relevant legislation. The FWC's decision provides clarity on the approval process for enterprise agreements and the considerations that must be taken into account when assessing their fairness and appropriateness.

EnerMech 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