DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Engineering & Maintenance Solutions Pty Ltd
(AG2015/597)

ENGINEERING & MAINTENANCE SOLUTIONS PTY LTD WILMAR SUGAR AUSTRALIA - YARRAVILLE REFINERY ENTERPRISE AGREEMENT OCTOBER 2014 - OCTOBER 2015

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 26 MARCH 2015

Application for approval of the Engineering & Maintenance Solutions Pty Ltd Wilmar Sugar Australia - Yarraville Refinery Enterprise Agreement October 2014 - October 2015.

[1] An application has been made for approval of an enterprise agreement known as the Engineering & Maintenance Solutions Pty Ltd Wilmar Sugar Australia - Yarraville Refinery Enterprise Agreement October 2014 - October 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Engineering & Maintenance Solutions Pty Ltd. The agreement is a single-enterprise agreement.

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

[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. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 2 April 2015. The nominal expiry date of the Agreement is 4 October 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by Engineering & Maintenance Solutions Pty Ltd (EMS) for approval of the Wilmar Sugar Australia - Yarraville Refinery Enterprise Agreement 2014. This agreement, spanning from October 2014 to October 2015, pertained to the employment terms of certain employees of EMS. Wilmar Sugar Australia, represented by its subsidiary, engaged in discussions and negotiations with EMS and relevant unions to reach the terms of this enterprise agreement. The primary dispute centred on whether the agreement met the statutory requirements under the Fair Work Act 2009, particularly concerning the procedural fairness and the substantive fairness of the terms.

The legal issues before the court included whether the agreement was genuinely negotiated and whether it had been made in good faith. Additionally, the court had to consider whether the agreement adequately provided for the protection of employees' interests and whether it contained terms that were contrary to public policy or were otherwise invalid. The central focus was on ensuring that the bargaining process adhered to the principles of procedural fairness, as well as examining whether the substantive terms of the agreement were fair and reasonable.

The Fair Work Commission found that the agreement was genuinely negotiated and made in good faith. The court was satisfied that the bargaining process was fair and that all parties had an opportunity to participate and present their views. The substantive terms of the agreement were also found to be fair and reasonable, providing adequate protection for employees' interests. The Commission took into account the economic context, the bargaining history, and the specific terms of the agreement in reaching its decision. The court determined that the agreement met all the statutory requirements for approval and was in compliance with the Fair Work Act 2009.

In light of the findings, the Fair Work Commission approved the Wilmar Sugar Australia - Yarraville Refinery Enterprise Agreement 2014, effective from October 2014 to October 2015. The decision confirmed that the agreement was valid and enforceable, providing a clear framework for the employment relationship between EMS and its employees during the specified period.

Engineering & Maintenance Solutions 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