Forgacs Engineering Pty Ltd Summary

[2013] FWCA 4456

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Forgacs Engineering Pty Ltd
(AG2013/7189)

FORGACS ENGINEERING QUEENSLAND (EXCLUDING BRISBANE) ENTERPRISE AGREEMENT 2013-2016

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 5 JULY 2013

Application for approval of the Forgacs Engineering Queensland (Excluding Brisbane) Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Forgacs Engineering Queensland (Excluding Brisbane) Enterprise Agreement 2013-2016 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Forgacs Engineering Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

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

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 12 July 2013. The nominal expiry date of the Agreement is 15 June 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Forgacs Engineering Pty Ltd, sought approval of the Forgacs Engineering Queensland (Excluding Brisbane) Enterprise Agreement 2013-2016. The applicant argued that the agreement was fair and reasonable, as required under section 233 of the Fair Work Act 2009. The matter was heard in the Fair Work Commission.

The central legal issue before the Commission was whether the agreement met the criteria for approval under the Fair Work Act. Specifically, the Commission had to determine if the agreement was fair and reasonable having regard to the matters specified in section 232 of the Act, which included the interests of employees and employers, and whether the agreement was made in good faith and without coercion. The Commission also needed to consider the provisions of the agreement in light of the broader industrial relations framework.

The Commission found that the agreement was fair and reasonable. It noted that the agreement had been negotiated in good faith and without coercion, and that it took into account the interests of both employees and employers. The Commission also found that the provisions of the agreement were consistent with the broader industrial relations framework and did not undermine the protection of employees' rights. The Commission emphasised the importance of the negotiation process and the need for agreements to reflect the realities of the workplace. After considering all relevant factors, the Commission approved the agreement.

The Fair Work Commission approved the Forgacs Engineering Queensland (Excluding Brisbane) Enterprise Agreement 2013-2016. The Commission found that the agreement was fair and reasonable, had been negotiated in good faith, and took into account the interests of both employees and employers. The approval of the agreement ensures that the terms and conditions of employment for the relevant employees are governed by the provisions of the agreement, providing clarity and certainty for both parties.

Forgacs Engineering Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established