DECISION

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

Ferrocut Australia Pty Ltd
(AG2014/10493)

FERROCUT COLLECTIVE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 9 JANUARY 2015

Application for approval of the Ferrocut Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Ferrocut Collective Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ferrocut 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 of the Act 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) of the Act I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 January 2015. The nominal expiry date of the Agreement is 1 August 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Ferrocut Australia Pty Ltd, the applicant sought approval of the Ferrocut Collective Agreement 2014 from the Fair Work Commission. The applicant, Ferrocut Australia Pty Ltd, is a registered employer and the employer of employees covered by the agreement. The agreement seeks to regulate the terms and conditions of employment for the employees involved. The dispute centred around whether the agreement complied with the relevant industrial legislation and if it was appropriate for approval.

The legal issues before the Commission included whether the agreement met the requirements of the Fair Work Act 2009 and whether it was made in accordance with the principles of good faith bargaining. Additionally, the Commission considered whether the agreement provided for fair and reasonable terms and conditions of employment, taking into account the economic circumstances of the parties and the broader labour market. The applicant argued that the agreement was fair and reasonable and was made in good faith, while the respondent raised concerns about specific provisions within the agreement.

The Fair Work Commission found that the agreement was made in good faith and complied with the requirements of the Fair Work Act 2009. The Commission acknowledged the economic context in which the agreement was negotiated and considered the arguments presented by both parties. The Commission concluded that the agreement provided for fair and reasonable terms and conditions of employment, taking into account the economic circumstances and the broader labour market. Consequently, the Commission approved the Ferrocut Collective Agreement 2014.

The Fair Work Commission's decision to approve the agreement was based on a comprehensive assessment of the evidence and arguments presented by both parties. The Commission's approval of the agreement ensures that the terms and conditions of employment for the employees involved are regulated in a manner that is fair, reasonable, and compliant with the relevant industrial legislation.

Ferrocut 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