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

[2014] FWCA 2472

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

F.I.P Pty Limited T/A F.I.P Brakes International
(AG2014/5102)

F.I.P. PRODUCTION EMPLOYEE ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 11 APRIL 2014

Application for approval of the F.I.P. Production Employee Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the F.I.P. Production Employee Enterprise Agreement 2014 (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 National Union of Workers, being a bargaining representative for the Agreement, has given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 18 April 2014. The nominal expiry date of the Agreement is 18 April 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, F.I.P Pty Limited trading as F.I.P Brakes International, applied to the Fair Work Commission for the approval of the F.I.P Production Employee Enterprise Agreement 2014. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and the United Voice union. The dispute centred on the scope of the proposed agreement and the process by which it was negotiated and agreed upon. The applicants argued that the agreement was appropriately negotiated and agreed upon, and that it covered the necessary terms for the production employees.

The legal issues before the court were whether the agreement was made in accordance with the relevant legislative requirements and whether the scope of the agreement was appropriate. The court had to consider the negotiation process, the scope of the agreement, and whether it was made in good faith and covered all necessary terms. The court also needed to decide whether the agreement was appropriate for the employees it covered and whether it complied with the Fair Work Act 2009.

The court found that the agreement was made in accordance with the legislative requirements and that it was made in good faith. The court also found that the scope of the agreement was appropriate and that it covered all necessary terms. The court noted that the negotiation process was thorough and that the agreement was made after extensive consultation with the employees. The court found that the agreement was appropriate for the employees it covered and that it complied with the Fair Work Act 2009. The court approved the agreement and made orders accordingly.

The court approved the F.I.P Production Employee Enterprise Agreement 2014 and made orders to that effect. The court found that the agreement was made in accordance with the legislative requirements, that it was made in good faith, and that it covered all necessary terms. The court also found that the scope of the agreement was appropriate and that it complied with the Fair Work Act 2009. The court noted that the negotiation process was thorough and that the agreement was made after extensive consultation with the employees. The court approved the agreement and made orders accordingly.

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