F.I.P Pty Limited T/A F.I.P Brakes International Summary

[2013] FWCA 8957

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

F.I.P Pty Limited T/A F.I.P Brakes International
(AG2013/11103)

F.I.P. MAINTENANCE EMPLOYEE ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 14 NOVEMBER 2013

Application for approval of the F.I.P. Maintenance Employee Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the F.I.P. Maintenance Employee Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by F.I.P Pty Limited t/a F.I.P Brakes International. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 21 November 2013. The nominal expiry date of the Agreement is 21 November 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved F.I.P. Pty Limited, trading as F.I.P. Brakes International, and the Australian Manufacturing Workers' Union. The matter pertained to an application for the approval of the F.I.P. Maintenance Employee Enterprise Agreement 2013. The applicant company sought to have the agreement certified as a single-employer, single-enterprise agreement that would apply to its maintenance employees. The union contested the application, raising concerns about the agreement's provisions.

The legal issues before the Commission included whether the agreement met the statutory requirements for certification, including whether it was genuinely negotiated and whether it provided for the proper operation of the enterprise. The Commission also needed to determine whether the agreement adequately addressed the interests of the employees and whether it was in the best interests of the enterprise. Furthermore, the Commission had to consider whether the agreement provided for fair and efficient enterprise bargaining and whether it was consistent with the Fair Work Act's objectives.

The Fair Work Commission found that the agreement was genuinely negotiated and met the statutory requirements for certification. The Commission considered that the agreement provided for the proper operation of the enterprise and adequately addressed the interests of the employees. The Commission also found that the agreement was in the best interests of the enterprise and provided for fair and efficient enterprise bargaining. The Commission was satisfied that the agreement was consistent with the objectives of the Fair Work Act. Accordingly, the Commission certified the F.I.P. Maintenance Employee Enterprise Agreement 2013.

F.I.P Pty Limited T/A F.I.P Brakes International

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established