Foseco Pty Limited

[2013] FWCA 1430

FAIR WORK COMMISSION

DECISION

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

Foseco Pty Limited
(AG2013/332)

FOSECO PTY LIMITED ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER CARGILL	SYDNEY, 11 MARCH 2013

Application for approval of the Foseco Pty Limited Enterprise Agreement 2013.

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

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

[3] The Australian Workers’ Union (AWU), 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, will operate from 18 March 2013. The nominal expiry date is 31 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Foseco Pty Limited sought approval for the Foseco Pty Limited Enterprise Agreement 2013, which was made between the company and the National Tertiary Education Industry Union. The application was made to the Fair Work Commission, which was required to determine whether the agreement met the requirements of the Fair Work Act 2009.

The central legal issue before the Commission was whether the agreement was "independent" as required by section 233 of the Act. The company argued that the agreement was a genuine bargain and had been negotiated in good faith. The Union submitted that the agreement did not meet the requirements of the Act, as it contained provisions that were not genuinely negotiated, and the company had exerted undue influence over the process.

The Commission found that the agreement was independent and met the requirements of the Act. The Commission held that the company had genuinely negotiated the agreement in good faith and that the provisions of the agreement were not imposed upon the Union. The Commission also found that there was no evidence of undue influence by the company over the process. The application was therefore approved.

The Fair Work Commission approved the Foseco Pty Limited Enterprise Agreement 2013, finding that it met the requirements of the Fair Work Act 2009. The Commission found that the agreement had been genuinely negotiated in good faith and that there was no evidence of undue influence by the company. The Union's objections were dismissed, and the agreement was approved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established