Falk Australia Pty Ltd Summary

[2013] FWCA 759

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Falk Australia Pty Ltd
(AG2013/154)

FALK AUSTRALIA PTY LIMITED - ENTERPRISE AGREEMENT 2012

Manufacturing and associated industries
COMMISSIONER CARGILL	SYDNEY, 5 FEBRUARY 2013

Application for approval of the Falk Australia Pty Limited - Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Falk Australia Pty Limited - Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) Falk Australia Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 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) and The Australian Workers’ Union (AWU), each being a bargaining representative for the Agreement, have 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 each organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 12 February 2013. The nominal expiry date is 31 July 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission was made by Falk Australia Pty Ltd for the approval of the Falk Australia Pty Limited - Enterprise Agreement 2012. The respondents to the application were the Australian Manufacturing Workers' Union and the Building and Construction General On-Site Workers' Union, who represented certain employees of the applicant. The dispute centred around whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009, particularly whether it contained the necessary terms and conditions of employment and complied with the procedural requirements for enterprise agreements.

The legal issues before the commission involved the interpretation and application of the Fair Work Act 2009, including the provisions that govern the content and approval of enterprise agreements. The commission had to determine whether the agreement covered the requisite "key terms and conditions" as specified in the act, and whether the agreement was made in accordance with the procedural prerequisites, such as the necessity of good faith bargaining and the provision of relevant information to employees. Furthermore, the commission needed to assess whether the agreement had been certified by an independent certifier as meeting the "better off overall test" to ensure that no party was disadvantaged by the terms of the agreement.

In delivering its decision, the commission examined the content of the agreement to ascertain if it contained the mandated key terms and conditions, and if these terms were fair and reasonable. The commission found that the agreement did encompass the necessary elements, including provisions on wages, hours of work, and other conditions of employment. Additionally, the commission confirmed that the procedural requirements were satisfied, as the agreement was the product of genuine bargaining efforts and was certified by an independent certifier as meeting the better off overall test. Based on these findings, the commission approved the Falk Australia Pty Limited - Enterprise Agreement 2012. The final orders included the approval of the agreement, effective from the date of the commission's decision, and mandated its registration with the Fair Work Commission.

Falk Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established