DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fenco Industries Pty Ltd
(AG2018/6839)

FENCO INDUSTRIES PTY LTD ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 4 JULY 2019

Application for approval of the Fenco Industries Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Fenco Industries Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Fenco Industries Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 July 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Fenco Industries Pty Ltd recently faced an application before the Fair Work Commission for the approval of the Fenco Industries Pty Ltd Enterprise Agreement 2018. The applicant, Fenco Industries, sought to have the agreement approved under the Fair Work Act 2009. The nature of the dispute involved the terms and conditions of employment for the employees covered by the agreement, including wages, hours of work, and other employment-related matters.

The legal issues the court had to decide involved whether the agreement met the requirements for approval under the Fair Work Act. Key considerations included whether the agreement complied with the "better off overall test" which requires that employees be no worse off financially under the agreement compared to their existing conditions, and whether the agreement had been made in good faith and without coercion. Additionally, the court had to consider whether the agreement provided for proper processes for resolving workplace disputes.

In its decision, the Fair Work Commission found that the agreement was compliant with the statutory requirements. The commission confirmed that the agreement met the better off overall test and was made in good faith. The court was satisfied that the agreement provided adequate protections for employees and included appropriate dispute resolution mechanisms. Consequently, the commission approved the Fenco Industries Pty Ltd Enterprise Agreement 2018, enabling it to take effect as a binding enterprise agreement.

Fenco Industries 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