Falk Australia Pty Ltd

[2014] FWCA 6352

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Falk Australia Pty Ltd
(AG2014/8761)

FALK AUSTRALIA PTY LIMITED - ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 12 SEPTEMBER 2014

Application for approval of the Falk Australia Pty Limited - Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Falk Australia Pty Limited - 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 Falk Australia Pty Ltd. 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 Australian Workers’ Union and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, both being bargaining representatives for the Agreement, have 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 those organisations.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 19 September 2014. The nominal expiry date of the Agreement is 31 July 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Falk Australia Pty Ltd sought approval for the Falk Australia Pty Limited - Enterprise Agreement 2014. The application was opposed by the Australian Manufacturing Workers' Union (AMWU). The central issue before the Commission was whether the agreement met the legal requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was a genuine enterprise agreement and if it complied with the provisions of the Act regarding minimum entitlements and procedural fairness.

The Commission examined the process by which the agreement was negotiated and whether it involved genuine bargaining between the parties. It assessed if the agreement provided for minimum entitlements as required by the Fair Work Act and if the process allowed for procedural fairness. The AMWU argued that the agreement did not meet these standards because the bargaining process was flawed and the agreement failed to provide for the minimum entitlements as required by law. Falk Australia Pty Ltd, on the other hand, contended that the agreement was a genuine result of fair and genuine bargaining and fully complied with the statutory requirements.

The Commission found that the agreement was indeed a genuine enterprise agreement, having been negotiated through a process that met the criteria for genuine bargaining. The agreement also provided for the minimum entitlements as required by the Fair Work Act, including provisions for pay rates, penalties, and other conditions of employment. The Commission was satisfied that the procedural fairness was upheld throughout the negotiation process. Consequently, the Commission approved the Falk Australia Pty Limited - Enterprise Agreement 2014.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established