DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Falk Australia Pty Ltd
(AG2016/6722)

FALK AUSTRALIA PTY LIMITED - ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 6 FEBRUARY 2017

Application for approval of the Falk Australia Pty Limited - Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Falk Australia Pty Limited - Enterprise Agreement 2016 (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] 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] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 February 2017. The nominal expiry date of the Agreement is 31 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Falk Australia Pty Ltd, the applicant sought approval of the Falk Australia Pty Limited - Enterprise Agreement 2016. The dispute was brought before the Fair Work Commission of Australia. The primary issue before the court was whether the enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement was free from prohibited content, fairly represented the interests of the parties involved, and was made in good faith.

The court examined whether the agreement complied with the requirements of the Fair Work Act, focusing on the presence of any prohibited content and whether it adequately reflected the genuine agreement of the parties. The applicant argued that the agreement was free from prohibited content and fairly represented the interests of all involved parties. The court also considered if the agreement was made in good faith, with both parties genuinely negotiating and intending to be bound by the terms.

After careful consideration of the evidence and arguments presented, the court found that the Falk Australia Pty Limited - Enterprise Agreement 2016 did not contain any prohibited content and was fairly representative of the interests of all parties. The court also determined that the agreement was made in good faith, with both parties genuinely intending to be bound by its terms. Consequently, the court approved the enterprise agreement.

The final orders of the court were that the Falk Australia Pty Limited - Enterprise Agreement 2016 be approved and registered under the Fair Work Act 2009. The agreement was to be effective from the date of the approval and would apply to all employees covered by the agreement.

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