DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Falk Australia Pty Ltd
(AG2015/6114)

FALK AUSTRALIA PTY LIMITED ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 7 DECEMBER 2015

Application for approval of the Falk Australia Pty Limited Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Falk Australia Pty Limited Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Falk Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 December 2015. The nominal expiry date of the Agreement is 31 July 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant Falk Australia Pty Ltd sought approval for the Falk Australia Pty Limited Enterprise Agreement 2015. The dispute involved the terms and conditions of employment for the employees of Falk Australia, who are represented by the National Transport Workers’ Union. The key legal issues before the Commission were whether the agreement met the statutory requirements for approval, including whether it was in the best interests of the employees and provided for fair and reasonable terms and conditions.

The Commission considered various aspects of the agreement, including its coverage, the classification of employees, and the provisions relating to pay and conditions. The applicant argued that the agreement was necessary to ensure the business's competitiveness and viability, while the union contended that certain provisions did not adequately protect employees' interests. After examining the evidence and submissions from both parties, the Commission concluded that the agreement, while not perfect, was in the best interests of the employees and provided for fair and reasonable terms and conditions.

The Commission approved the enterprise agreement with some modifications to address certain concerns raised by the union. These modifications included adjustments to the provisions concerning shift patterns, overtime, and annual leave. The final orders of the Commission required the applicant to implement the modified agreement and ensure that all employees were informed of the changes. The decision highlights the importance of striking a balance between the interests of employers and employees when approving enterprise agreements.

Falk Australia 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