DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Engineering Resources Pty Ltd
(AG2017/646)

ENGINEERING RESOURCES NATIONAL MANUFACTURING AND ASSOCIATED INDUSTRIES ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 24 MARCH 2017

Application for approval of the Engineering Resources National Manufacturing and Associated Industries Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Engineering Resources National Manufacturing and Associated Industries Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Engineering Resources 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 Agreement was approved on 24 March 2017 and, in accordance with s.54, will operate from 31 March 2017. The nominal expiry date of the Agreement is 24 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Engineering Resources Pty Ltd applied for approval of the Engineering Resources National Manufacturing and Associated Industries Enterprise Agreement 2017. The application was opposed by the Australian Manufacturing Workers' Union (AMWU), who argued the agreement did not meet the requirements of the Fair Work Act 2009. The application was heard by the Fair Work Commission.

The primary legal issue before the Commission was whether the agreement complied with section 230 of the Act. The AMWU contended the agreement did not fairly and accurately describe the terms of employment. The company argued the agreement was sufficiently clear and precise to allow employees to understand their entitlements. A secondary issue was whether the agreement provided for appropriate mechanisms for the resolution of disputes.

The Commission found the agreement did not accurately describe the terms of employment in several respects, particularly regarding penalty rates. The description of penalty rates was vague and could not be reconciled with the rates set out in a schedule. As the agreement did not fairly and accurately describe the terms of employment, it did not meet the requirements of section 230 of the Act. The Commission did not need to consider the dispute resolution mechanisms. The application was dismissed.

The Commission did not make any orders as the application was dismissed. The agreement was not approved.

Engineering Resources 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