DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Foamco Industries Pty Ltd
(AG2015/5730)

FOAMCO INDUSTRIES PTY LTD ENTERPRISE AGREEMENT 2015-2018

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 13 OCTOBER 2015

Application for approval of the Foamco Industries Pty Ltd Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Foamco Industries Pty Ltd Enterprise Agreement 2015-2018 (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. 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.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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.

[5] The Agreement was approved on 13 October 2015 and, in accordance with s.54, will operate from 20 October 2015. The nominal expiry date of the Agreement is 13 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Foamco Industries Pty Ltd, the Fair Work Commission was presented with an application for the approval of the Enterprise Agreement between the company and its employees for the period 2015-2018. The dispute centred around whether the agreement complied with the Fair Work Act 2009, specifically concerning the minimum entitlements and conditions for employees. The application was brought by the employer, who sought to ensure that the proposed agreement was fair and reasonable in all respects.

The legal issues that the Commission needed to address included whether the agreement provided for minimum rates of pay and conditions that were not less favourable than the applicable awards or registered agreements, and whether it contained provisions that were consistent with the general protections and object of the Act. Additionally, the Commission had to consider whether the agreement was made in good faith and whether it allowed for proper consultation with employees. The court was tasked with ensuring that the agreement met the statutory requirements for approval and did not disadvantage employees.

The Commission found that the agreement met all the necessary criteria for approval. It provided for minimum rates of pay and conditions that were not less favourable than the relevant awards, and it contained provisions that were consistent with the Act. The Commission also determined that the agreement was made in good faith and that there was proper consultation with employees. Consequently, the Commission approved the Enterprise Agreement, finding that it was fair and reasonable in all respects.

The final orders of the Commission were that the Foamco Industries Pty Ltd Enterprise Agreement 2015-2018 be approved as a registered agreement under the Fair Work Act 2009. This decision allowed the agreement to take effect and be binding on the parties from the date of approval.

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