DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Everlast Hydro Systems Pty Ltd
(AG2014/11040)

AMWU AND THE EVERLAST HYDRO SYSTEMS PTY LTD COLLECTIVE BARGAINING WORKSHOP AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 9 FEBRUARY 2015

Application for approval of the AMWU and the Everlast Hydro Systems Pty Ltd Collective Bargaining Workshop Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the AMWU and the Everlast Hydro Systems Pty Ltd Collective Bargaining Workshop Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Everlast Hydro Systems 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 16 February 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission (FWC) involved an application by the Australian Manufacturing Workers' Union (AMWU) for the approval of a collective bargaining workshop agreement between the AMWU and Everlast Hydro Systems Pty Ltd. The agreement, titled the Collective Bargaining Workshop Agreement 2014, sought to establish terms and conditions of employment for employees of Everlast Hydro Systems. The FWC's role was to assess whether the agreement met the requirements of the Fair Work Act 2009 and to determine if it should be registered and made enforceable.

The primary legal issues the FWC needed to decide were whether the agreement was genuinely negotiated between the parties, whether it covered the employees it purported to cover, and whether the agreement was in the best interests of the employees. Additionally, the FWC had to consider whether the agreement complied with the Fair Work Act and if it met the standards of procedural fairness. These considerations were crucial to ensure that the agreement was not only a product of genuine collective bargaining but also fair and just for the employees involved.

In reaching its decision, the FWC examined the evidence and submissions presented by both parties. The FWC determined that the agreement was genuinely negotiated and that it covered the intended employees. The FWC also found that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms of employment. The FWC concluded that the agreement met the legislative requirements and was procedurally fair. Consequently, the FWC approved the agreement and made orders for its registration, thereby making it a legally binding instrument between the parties.

As a result of the FWC's decision, the Collective Bargaining Workshop Agreement 2014 was registered, and the terms of the agreement became enforceable. This outcome ensured that the employees of Everlast Hydro Systems would be governed by the terms set out in the agreement, providing them with a clear understanding of their rights and obligations under the employment relationship. The registration of the agreement also facilitated a framework for ongoing collective bargaining between the AMWU and Everlast Hydro Systems, promoting industrial peace and efficiency in the workplace.

Everlast Hydro Systems 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