DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gateway Fabrications Pty Ltd
(AG2016/964)

GATEWAY FABRICATIONS PTY LTD ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 14 JUNE 2016

Application for approval of the Gateway Fabrications Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Gateway Fabrications Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Gateway Fabrications Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 June 2016. The nominal expiry date of the Agreement is 13 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Gateway Fabrications Pty Ltd, sought approval for the Gateway Fabrications Pty Ltd Enterprise Agreement 2016. The applicant argued that the agreement was appropriate for the employees covered by it and complied with the necessary legal requirements. The Fair Work Commission was tasked with determining whether the agreement met the standards set forth in the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement complied with the provisions of the Fair Work Act 2009, specifically sections 230 and 231, which require that enterprise agreements be fair and appropriate for the employees they cover. The Commission had to consider whether the agreement was negotiated in good faith, the process followed, and whether it contained provisions that were fair and reasonable. The Commission also had to assess whether the agreement provided for the fair treatment of employees, including minimum rates of pay and conditions, and whether it complied with any relevant awards or registered agreements.

The Commission found that the agreement was appropriately negotiated and complied with the legal requirements. It noted that the agreement had been negotiated in good faith and followed the prescribed process. The Commission concluded that the agreement contained provisions that were fair and reasonable, providing for the fair treatment of employees and meeting the standards set by the Fair Work Act 2009. The Commission approved the agreement, finding that it was appropriate for the employees covered by it.

The Fair Work Commission approved the Gateway Fabrications Pty Ltd Enterprise Agreement 2016, determining that it met the legal requirements and was fair and reasonable for the employees it covered. The agreement was deemed to be appropriately negotiated and compliant with the Fair Work Act 2009.

Gateway Fabrications 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