Forgacs Engineering Pty Limited

[2013] FWCA 4338

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Forgacs Engineering Pty Limited
(AG2013/7118)

FORGACS ENGINEERING PTY LTD ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER STANTON	NEWCASTLE, 3 JULY 2013

Application for approval of the Forgacs Engineering Pty Ltd Enterprise Agreement 2013.

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

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union being the bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers this organisation.

[4] The Agreement is approved and in accordance with s.54 of the Act, shall operate from 10 July 2013. The nominal expiry date of the Agreement is 31 March 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Forgacs Engineering Pty Limited was the subject of an application for the approval of the Forgacs Engineering Pty Ltd Enterprise Agreement 2013. The application was brought before the Fair Work Commission by the company, seeking to have the agreement certified as suitable for the purposes of the Fair Work Act 2009. The dispute involved the terms and conditions of employment for the company's employees and whether the proposed agreement complied with the legislative requirements.

The central legal issues before the Commission were whether the agreement was a "single interest" agreement as defined by the Fair Work Act, whether it contained the required "no disadvantage" clause, and whether it adhered to the procedural fairness standards outlined in the legislation. Specifically, the Commission had to determine if the agreement had been negotiated in good faith and if it complied with the relevant provisions of the Act.

The Commission examined the evidence and submissions from both parties, considering the nature of the negotiations, the presence of the no disadvantage clause, and the overall fairness of the agreement. It concluded that the agreement met the legislative criteria for approval. The Commission found that the negotiations were conducted in good faith and that the agreement was fair and reasonable. The company's submission that the agreement was a single interest agreement was accepted, and it was determined that the no disadvantage clause was appropriately included. The Commission certified the agreement as meeting the requirements of the Fair Work Act.

Consequently, the application for the approval of the Forgacs Engineering Pty Ltd Enterprise Agreement 2013 was successful. The Commission certified the agreement, allowing it to be registered and enforceable under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established