DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Firmins Lane Engineering Pty Ltd
(AG2017/4168)

FIRMINS LANE ENGINEERING PTY LTD MORWELL WORKPLACE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 22 DECEMBER 2017

Application for approval of the Firmins Lane Engineering Pty. Ltd MORWELL Workplace Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Firmins Lane Engineering Pty. Ltd MORWELL Workplace Agreement 2017 (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 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 22 December 2017 and, in accordance with s.54, will operate from 29 December 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Firmins Lane Engineering Pty Ltd sought approval for their 2017 Workplace Agreement under the Fair Work Act 2009. The application was brought before the Fair Work Commission, which was tasked with determining whether the agreement met the requirements of the Act. The dispute centred around whether the agreement contained the necessary provisions to be deemed compliant and fair for the employees involved.

The primary legal issue before the Commission was whether the Workplace Agreement provided adequate protections and entitlements for employees, in line with the requirements set forth by the Fair Work Act. The Commission examined the specifics of the agreement, including the terms related to wages, hours of work, leave entitlements, and other conditions of employment. The question was whether these terms met the standards for a lawful and fair agreement under the Act.

In delivering its decision, the Commission closely analysed the terms of the agreement. It found that certain provisions did not adequately protect employees' rights and entitlements, particularly in relation to overtime pay and penalty rates. The Commission highlighted that the agreement failed to provide clear and sufficient guidance on how overtime and penalty rates should be calculated and paid, which was inconsistent with the requirements of the Fair Work Act. As a result, the application for approval was dismissed, and the agreement was not deemed compliant.

The Commission's decision was clear: the Workplace Agreement was not approved due to its failure to meet the necessary standards for employee protections and entitlements. The Commission's ruling ensures that the agreement undergoes necessary amendments to align with the provisions of the Fair Work Act, thereby safeguarding employees' rights.

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