DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Foamco Industries Pty Ltd
(AG2018/5844)

FOAMCO INDUSTRIES PTY LTD ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 21 MARCH 2019

Application for approval of the Foamco Industries Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Foamco Industries Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Foamco Industries Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] The National Union of Workers 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 March 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved Foamco Industries Pty Ltd, a company engaged in the manufacture of foam products, and its employees represented by a trade union. The dispute centred on the application for approval of the Foamco Industries Pty Ltd Enterprise Agreement 2018. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issues revolved around whether the agreement complied with the procedural and substantive provisions of the Fair Work Act. Procedurally, the court examined whether the agreement was made in good faith and whether appropriate steps were taken to ensure that employees had an opportunity to be involved in the negotiation process. Substantively, the court considered whether the agreement contained the necessary minimum terms and conditions, and whether it unfairly disadvantaged any employee or group of employees.

The court found that the agreement was procedurally sound, as it was demonstrated that the parties had genuinely attempted to negotiate in good faith and that employees were given a reasonable opportunity to participate in the process. Regarding the substantive provisions, the court concluded that the agreement met the statutory minimum standards and did not unfairly disadvantage any employee or group of employees. The agreement contained all the required minimum terms and conditions, and any variations from these standards were deemed to be fair and reasonable.

As a result, the court approved the Foamco Industries Pty Ltd Enterprise Agreement 2018, finding it to be compliant with the requirements of the Fair Work Act. The agreement was thus legally binding on all parties involved, providing a framework for the terms and conditions of employment within the company.

Foamco Industries 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