DECISION

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

Finadri Manufacturing Pty Ltd
(AG2017/998)

FINADRI MANUFACTURING PTY LTD ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER BISSETT	MELBOURNE, 1 JUNE 2017

Application for approval of the Finadri Manufacturing Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Finadri Manufacturing 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 Finadri Manufacturing Pty Ltd. The agreement is a greenfields agreement.

[2] I have accepted the undertakings attached to this decision which have been given by the employer.

[3] I am satisfied that each of the requirements of ss.186, 187 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54, will operate from 8 June 2017. The nominal expiry date of the Agreement is 7 June 2021.

COMMISSIONER

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ATTACHMENT A

CaseChat Overview and Summary

Finadri Manufacturing Pty Ltd, the employer, sought approval for the Finadri Manufacturing Enterprise Agreement 2016 from the Fair Work Commission. The application arose as part of the employer's attempt to finalise a new enterprise agreement following the expiration of the previous one. The matter was heard by the Fair Work Commission, which needed to determine whether the agreement met the legal requirements for approval.

The primary legal issue was whether the agreement complied with the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. Specifically, the Commission examined whether the agreement provided for genuine bargaining, included appropriate dispute resolution procedures, and adhered to other statutory requirements. The Commission also assessed whether the agreement appropriately addressed the interests of the employees, particularly in terms of pay and conditions.

The Fair Work Commission determined that the agreement was made in accordance with the relevant legislation. It found that the bargaining process was genuine and that the agreement contained suitable dispute resolution mechanisms. The Commission concluded that the agreement was fair and appropriate, considering the interests of both the employer and the employees. Consequently, the Commission approved the Finadri Manufacturing Enterprise Agreement 2016.

The Fair Work Commission issued its decision, approving the Finadri Manufacturing Enterprise Agreement 2016. The approval was based on the Commission's finding that the agreement met all statutory requirements and adequately reflected the interests of the parties involved. The decision provides certainty for both the employer and employees moving forward, ensuring that the terms of the agreement are legally binding and enforceable.

Finadri Manufacturing 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