DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Furnace Solutions Pty Ltd
(AG2021/4965)

FURNACE SOLUTIONS PTY LTD ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 31 MAY 2021

Application for approval of the Furnace Solutions Pty Ltd Enterprise Agreement 2021.

[1] Furnace Solutions Pty Ltd has applied for approval of a single enterprise agreement known as the Furnace Solutions Pty Ltd Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about whether the pre-approval requirements were met. Further information and evidence was provided in response.

[3] As there were no bargaining representatives appointed to represent the employees to be covered by the Agreement the Commission took steps to ensure the relevant employees were served with, and has received evidence that, the employees were informed of: the application; the Commission’s concerns; the Applicant’s responses to those concerns; and were invited to express their views and none opposed.

[4] Noting clause 4.3 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[5] On the basis of the material contained in the application and related materials, 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.

[6] The Agreement was approved on 31 May 2021 and, in accordance with s.54, will operate from 7 June 2021. The nominal expiry date of the Agreement is 31 May 2025.

[7] For the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 1

DEPUTY PRESIDENT

1 The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Furnace Solutions Pty Ltd sought approval of an enterprise agreement under the Fair Work Act 2009. The dispute involved the terms and conditions of employment for the company's employees, specifically the proposed changes to their working arrangements. The application was heard in the Fair Work Commission (FWC), Australia's industrial relations tribunal.

The primary legal issue before the FWC was whether the proposed enterprise agreement met the requirements of the Fair Work Act, including whether it was made in good faith and provided for matters within the scope of the agreement. The FWC had to determine whether the agreement provided for a fair and efficient workplace and if it adequately addressed the employees' terms and conditions of employment.

In assessing the application, the FWC considered various factors, including the negotiation process, the content of the agreement, and the interests of the employees. The FWC found that the agreement was made in good faith and provided for matters within its scope. The FWC also considered the views of the employees and the employer, as well as any relevant industry standards. The FWC concluded that the agreement provided for a fair and efficient workplace and met the requirements of the Fair Work Act.

The FWC approved the Furnace Solutions Pty Ltd Enterprise Agreement 2021, subject to certain conditions. The employer was required to provide a copy of the agreement to each employee and to ensure that the agreement was implemented in accordance with its terms. The FWC also ordered that the agreement be registered with the Australian Industrial Registry. The employer and employees were required to comply with the terms of the agreement, and any disputes arising from the agreement were to be resolved through the FWC's dispute resolution processes.

Furnace Solutions 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