Foamco Industries Pty Limited T/A Foamco Industries Summary

[2023] FWCA 1044

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Foamco Industries Pty Limited T/A Foamco Industries

(AG2023/875)

FOAMCO INDUSTRIES PTY LTD ENTERPRISE AGREEMENT 2022

Manufacturing and associated industries
DEPUTY PRESIDENT BELL	MELBOURNE, 12 APRIL 2023

Application for approval of the Foamco Industries Pty LtdEnterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Foamco Industries Pty Ltd Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the employer, Foamco Industries Pty Ltd T/A Foamco Industries. The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187 and 188 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 sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The Australian Workers’ Union, 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), I note that the Agreement covers the organisation.

The Agreement was approved on 12 April 2023 and, in accordance with s.54 of the Act, will operate from 19 April 2023. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Foamco Industries Pty Limited trading as Foamco Industries, which sought approval for its Enterprise Agreement 2022. The application was brought before the Fair Work Commission. The primary dispute centred around whether the proposed agreement complied with the requirements set forth in the Fair Work Act 2009. The agreement aimed to establish terms and conditions of employment for employees of Foamco Industries.

The legal issues that the Commission had to address were whether the Enterprise Agreement met the formal requirements of the Fair Work Act and whether it provided for minimum entitlements, including minimum rates of pay, leave entitlements, and other conditions of employment. Additionally, the Commission had to determine if the agreement was made in good faith and if it was free from any improper influence or coercion.

In considering the application, the Commission assessed the agreement against the legislative framework. It examined the process by which the agreement was made, including whether there was genuine bargaining between the employer and the employees' representatives. The Commission also scrutinised the content of the agreement to ensure it did not unfairly disadvantage employees. After a thorough review, the Commission concluded that the Enterprise Agreement complied with all statutory requirements and was made in good faith. Therefore, the Commission approved the agreement.

Consequently, the Fair Work Commission approved the Foamco Industries Pty Ltd Enterprise Agreement 2022, deeming it to be compliant with the Fair Work Act. The approval was based on the findings that the agreement was fairly negotiated and did not fall short of the minimum standards set by the Act. The decision was communicated to the parties involved, and the approved agreement became effective as per its terms.

Foamco Industries Pty Limited T/A Foamco Industries

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established