DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Firmins Lane Engineering Pty Ltd
(AG2019/567)

FIRMINS LANE ENGINEERING PTY. LTD MORWELL WORKPLACE AGREEMENT 2019-2021

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 13 MAY 2019

Application for approval of the Firmins Lane Engineering Pty. Ltd MORWELL Workplace Agreement 2019-2021.

[1] An application has been made for approval of an enterprise agreement known as the Firmins Lane Engineering Pty. Ltd MORWELL Workplace Agreement 2019-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Firmins Lane Engineering 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 May 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Firmins Lane Engineering Pty Ltd, the applicant, applied to the Fair Work Commission (FWC) for approval of the Firmins Lane Engineering Pty Ltd MORWELL Workplace Agreement 2019-2021. The respondent, United Voice, an industrial organisation, opposed the application on the grounds that the agreement was not made in good faith. The dispute centred around the procedural fairness and the good faith requirement under the Fair Work Act 2009 (Cth). The FWC was required to determine whether the agreement was made in good faith and whether procedural fairness was observed during the bargaining process.

The FWC considered whether the agreement was made in good faith by examining the conduct of both parties during the negotiations. The FWC noted that there were delays and that communication between the parties was not always effective, but it found that these issues did not amount to a lack of good faith. The FWC held that the agreement was made in good faith because the parties engaged in negotiations and reached a consensus on the terms of the agreement. The FWC also considered whether procedural fairness was observed and found that while there were some procedural shortcomings, they did not significantly impact the overall fairness of the agreement.

The FWC approved the agreement, finding that the good faith requirement was met and that any procedural shortcomings did not undermine the validity of the agreement. The FWC emphasised the importance of both parties fulfilling their obligations under the Fair Work Act. The decision highlights the importance of procedural fairness in the negotiation process and the FWC’s role in ensuring that workplace agreements are made in good faith.

Firmins Lane Engineering 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