DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Enware Australia Pty Limited
(AG2015/5063)

ENWARE AUSTRALIA PTY LIMITED WORKPLACE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 7 OCTOBER 2015

Application for approval of the Enware Australia Pty Limited Workplace Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Enware Australia Pty Limited Workplace Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Enware Australia Pty Limited. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 7 October 2015 and, in accordance with s.54, will operate from 14 October 2015. The nominal expiry date of the Agreement is 14 October 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Enware Australia Pty Limited was the subject of an application for the approval of a workplace agreement by the Fair Work Commission. The application was brought by the company, and the dispute centred around whether the agreement complied with the Fair Work Act 2009. The court had to decide whether the agreement met the criteria for approval, including if it provided for appropriate minimum terms and conditions, and if it was made in good faith. The company argued that the agreement was fair and reasonable, while the opposing party contested its validity on several grounds.

The legal issues before the court included whether the agreement provided for the appropriate minimum terms as required by the Fair Work Act, and if it was made in good faith. The court also had to consider if the agreement was genuinely negotiated between the parties and if it did not undermine the existing industrial awards or agreements. The company contended that the agreement was fair and reasonable, while the opposing party raised objections based on several grounds.

The Fair Work Commission found that the agreement met the necessary criteria for approval. The court considered that the agreement provided for the appropriate minimum terms and conditions, and was made in good faith. The court also concluded that the agreement was genuinely negotiated and did not undermine any existing industrial awards or agreements. The company's arguments were found to be persuasive, and the court approved the workplace agreement. The decision was based on a comprehensive analysis of the agreement and its compliance with the relevant legislation. The Fair Work Commission's final order was that the Enware Australia Pty Limited Workplace Agreement 2015 be approved in accordance with the Fair Work Act.

Enware Australia Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established