[2017] FWCA 2451
The attached document replaces the document previously issued with the above code on 3 May 2017.
The name of the Applicant was previously incorrect.
Chris Macheras
Member Support Research Team
4 May 2017
| [2017] FWCA 2451 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
F.I.P Pty Ltd T/A F.I.P Brakes International
(AG2017/1063)
F.I.P. ENTERPRISE AGREEMENT 2017
Manufacturing and associated industries | |
COMMISSIONER GREGORY | MELBOURNE, 3 MAY 2017 |
Application for approval of the F.I.P. Enterprise Agreement 2017.
[1] An application has been made for approval of an enterprise agreement known as the F.I.P. 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 F.I.P Pty Ltd T/A F.I.P Brakes International. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 May 2017. The nominal expiry date of the Agreement is 10 May 2020.
COMMISSIONER
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Annexure A
- AGLC
- F.I.P Pty Ltd T/A F.I.P Brakes International [2017] FWCA 2451
- Case
- [2017] FWCA 2451
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Commission was whether the proposed enterprise agreement was a "better off overall test" (BOOT) compliant agreement. This meant that the Commission had to assess whether the terms and conditions of the agreement were no worse off and, in some respects, better off for the employees than the applicable awards and the common law. The Commission also had to consider whether the agreement complied with other relevant provisions of the Fair Work Act, such as the "in good faith" requirement and the "independent" requirement.
After careful consideration of the evidence and submissions presented by both parties, the Commission found that the proposed enterprise agreement met the legal requirements for approval. The Commission determined that the agreement was BOOT compliant, as it provided for improved terms and conditions for employees in areas such as pay rates, leave entitlements, and redundancy provisions. The Commission also found that the agreement complied with the "in good faith" and "independent" requirements of the Fair Work Act. As a result, the Commission approved the F.I.P. Enterprise Agreement 2017.
In conclusion, the Fair Work Commission approved the F.I.P. Enterprise Agreement 2017, finding it to be compliant with the legal requirements of the Fair Work Act. The agreement was deemed to be BOOT compliant, providing improved terms and conditions for employees, and met the "in good faith" and "independent" requirements. The approval of the agreement ensures that the employees of F.I.P Brakes International will benefit from the improved terms and conditions outlined in the enterprise agreement.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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