DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Geelong Fabrications Pty Ltd
(AG2015/6848)

GEELONG FABRICATION PTY LTD COLLECTIVE BARGAINING AGREEMENT 2014 - 2017

Manufacturing and associated industries
COMMISSIONER ROE	SYDNEY, 15 DECEMBER 2015

Application for approval of the GEELONG FABRICATION PTY LTD COLLECTIVE BARGAINING Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the GEELONG FABRICATION PTY LTD COLLECTIVE BARGAINING Agreement 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Geelong Fabrications Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 was approved on 15 December 2015 and, in accordance with s.54, will operate from 22 December 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Geelong Fabrications Pty Ltd, the applicant, sought approval of a collective bargaining agreement with its employees, represented by the Australian Manufacturing Workers' Union. The matter was heard in the Fair Work Commission, the tribunal tasked with regulating workplace relations and ensuring fair terms for employees and employers. The central dispute revolved around the terms and conditions outlined in the proposed collective agreement, specifically concerning wages, hours of work, and various other employment-related matters.

The Commission was required to determine whether the agreement met the statutory requirements set out in the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions of employment. This involved an assessment of whether the proposed agreement provided for a minimum rate of pay that met the safety net, whether it contained appropriate provisions for employee entitlements and protections, and whether it complied with other legislative requirements, such as those relating to casual employment and penalty rates.

In examining the provisions of the agreement, the Commission noted that the proposed rates of pay were consistent with the applicable award and met the safety net provisions. The Commission also found that the agreement contained appropriate provisions for employee entitlements, such as leave and overtime, and that it did not contravene any other relevant legislation. Consequently, the Commission approved the collective agreement, determining that it provided for fair and reasonable terms and conditions of employment. The decision was made in accordance with the statutory framework and balanced the interests of both the employer and the employees.

Geelong 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