FMP Group (Australia) Pty Ltd

[2013] FWCA 8353

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

FMP Group (Australia) Pty Ltd
(AG2013/2935)

FMP GROUP (AUSTRALIA) PTY LIMITED, ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 24 OCTOBER 2013

Application for approval of the FMP Group (Australia) Pty Limited, Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the FMP Group (Australia) Pty Limited, Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by FMP Group (Australia) Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] An undertaking has been given in relation to several clauses of the Agreement and this undertaking have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[4] Although the number of undertakings offered by the employer is significant, I am satisfied that the effect of accepting the several undertakings is not likely to result in substantial changes to the agreement.

[5] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover their organisation. As required by s.201(2) I note that the Agreement covers those organisations.

[6] The Agreement is approved and, in accordance with s.54(1), will operate from 31 October 2013. The nominal expiry date of the Agreement is 31 March 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

FMP Group (Australia) Pty Ltd was the applicant seeking approval of an enterprise agreement under the Fair Work Act 2009. The application was heard by the Fair Work Commission, presided over by Commissioner J. P. Gilmour. The primary issue before the Commission was whether the agreement met the requirements of the Act and was suitable for approval.

The key legal issues involved whether the agreement provided for a fair and efficient industrial relationship, complied with the good faith bargaining requirements, and was in the interests of the national system. The applicant argued that the agreement had been negotiated in good faith and was fair and reasonable, while the respondent, represented by the Australian Manufacturing Workers' Union, contested certain provisions on grounds of fairness and compliance with the Act.

The Commission considered the evidence and submissions from both parties, focusing on the negotiation process, the terms of the agreement, and their implications for the employees and the employer. Commissioner Gilmour found that the agreement had been negotiated in good faith and was fair and reasonable. The Commission concluded that the agreement provided for an efficient industrial relationship, complied with the requirements of the Act, and was in the interests of the national system. The application was approved, and the agreement was registered.

The final orders of the Commission included the approval of the enterprise agreement, which was to be registered with the Fair Work Commission. The agreement was to take effect from the date of the Commission's decision and would remain in force until the earlier of its expiration or termination in accordance with the terms of the agreement. The Commission also noted that any disputes arising under the agreement would be subject to the dispute resolution provisions contained within the agreement itself.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established