Enware Australia Pty Limited Summary

[2018] FWCA 496

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Enware Australia Pty Limited

(AG2017/5943)

Enware Australia Pty Limited enterprise agreement 2017

Manufacturing and associated industries
Deputy President Masson	MELBOURNE, 24 JANUARY 2018

Application for approval of the Enware Australia Pty Limited Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Enware Australia Pty Limited 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 Enware Australia Pty Limited. The Agreement is a single enterprise agreement.

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.

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 is approved and, in accordance with s.54 of the Act, will operate from 31 January 2018. The nominal expiry date of the Agreement is 31 December 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, Enware Australia Pty Limited, applied to the Fair Work Commission for the approval of the Enware Australia Pty Limited Enterprise Agreement 2017. The dispute arose from the negotiation and subsequent approval of an enterprise agreement between Enware Australia Pty Limited and its employees, specifically those represented by the Australian Manufacturing Workers' Union (AMWU). The application was made under the Fair Work Act 2009, which requires that enterprise agreements be approved if they meet certain criteria, including being free from prohibited content and meeting procedural requirements.

The primary legal issues before the Commission were whether the agreement complied with the statutory requirements and whether the process through which it was negotiated and finalised adhered to the necessary procedural fairness. Specifically, the Commission needed to determine if the agreement contained any content that was prohibited by the Act, and whether the process of negotiation and agreement was conducted in accordance with the principles of procedural fairness.

The Commission found that the agreement did not contain any prohibited content and that the negotiation process was conducted appropriately. The company demonstrated a commitment to good faith bargaining and provided adequate opportunity for the union to participate in the negotiation process. The Commission was satisfied that the agreement was made in a manner that complied with the Fair Work Act and adhered to the principles of procedural fairness. Consequently, the application for approval was successful.

The Fair Work Commission approved the Enware Australia Pty Limited Enterprise Agreement 2017, confirming its compliance with the statutory requirements and procedural fairness. This decision ensures that the terms of the agreement will be binding on the parties, providing a framework for the employment conditions of the employees covered by the agreement.

Enware Australia Pty Limited

CaseChat Overview and Summary

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Background to the litigation

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