DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Everhard Industries Pty Ltd
(AG2016/2487)

EVERHARD INDUSTRIES PTY LTD ENTERPRISE AGREEMENT

Cement and concrete products
COMMISSIONER LEE	SYDNEY, 12 APRIL 2016

Application for approval of the Everhard Industries Pty Ltd Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Everhard Industries Pty Ltd Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Everhard Industries Pty Ltd. 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.

[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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and The Australian Workers’ Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 April 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Everhard Industries Pty Ltd, a company involved in the manufacturing sector, brought an application to the Fair Work Commission for approval of their enterprise agreement. The agreement was proposed to cover a workforce of approximately 150 employees across multiple sites in New South Wales. The nature of the dispute centred on whether the proposed agreement met the criteria for approval under the Fair Work Act 2009, including whether it facilitated the harmonious, productive and economic development of industrial relations.

The primary legal issues before the Commission were whether the agreement provided for a fair and efficient workplace, ensured the protection of employees' rights, and was free from any unfair provisions. The Commission had to consider the balance between the company's operational needs and the rights of employees, as well as the impact of the agreement on the broader industrial relations landscape. The applicants argued that the agreement was fair and balanced, while the union representatives contended that certain provisions were disadvantageous to employees.

After a thorough review of the proposed agreement and the submissions from both parties, the Commission found that the agreement generally met the requirements for approval. The Commission noted that while some provisions were contentious, they were not so disadvantageous as to render the agreement invalid. The Commission was satisfied that the agreement facilitated a fair and efficient workplace, ensured the protection of employees' rights, and was free from any unfair provisions. Consequently, the Fair Work Commission approved the Everhard Industries Pty Ltd Enterprise Agreement, subject to certain minor modifications to address specific concerns raised by the union representatives.

Everhard Industries 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