Gemlach Pty Ltd T/A Douglas Sheetmetal & Engineering Summary

[2019] FWCA 6952

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Gemlach Pty Ltd T/A Douglas Sheetmetal & Engineering

(AG2019/1961)

Douglas Sheetmetal & Engineering Enterprise Agreement 2019

Manufacturing and associated industries
Commissioner Gregory	MELBOURNE, 8 OCTOBER 2019

Application for approval of the Douglas Sheetmetal & Engineering Enterprise Agreement 2019.

An application has been made for approval of an enterprise agreement known as the Douglas Sheetmetal & Engineering Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Gemlach Pty Ltd T/A Douglas Sheetmetal & Engineering. The Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 October 2019. The nominal expiry date of the Agreement is 30 May 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Gemlach Pty Ltd, trading as Douglas Sheetmetal & Engineering, applied for approval of the Douglas Sheetmetal & Engineering Enterprise Agreement 2019. The dispute arose in the context of the application process for an enterprise agreement under the Fair Work Act 2009. The primary issue before the Commission was whether the agreement met the legal criteria for approval, including whether it contained the required minimum terms and conditions, and whether it was fairly negotiated.

The Commission considered whether the agreement provided for the minimum entitlements required by the Act, including minimum wages and conditions, and whether it complied with the procedural requirements for negotiation and approval. The applicant argued that the agreement was the product of genuine and fair negotiations between the parties and contained all the necessary minimum terms. The Commission examined the evidence provided regarding the negotiation process, including the timing, participants, and documentation, to determine if the agreement was genuinely negotiated. The Commission also assessed the content of the agreement to ensure it met all statutory minimum standards.

After reviewing the evidence and arguments presented, the Commission found that the Douglas Sheetmetal & Engineering Enterprise Agreement 2019 met all the legal requirements for approval. The agreement was deemed to have been fairly negotiated and contained all the required minimum terms and conditions. Consequently, the Commission approved the agreement, ensuring it would now govern the employment conditions of the relevant employees.

The Commission's decision was based on a thorough examination of the negotiation process and the contents of the agreement, confirming compliance with all statutory requirements. The approval of the agreement was a significant outcome for the parties involved, providing a clear framework for future employment relations within the enterprise.

Gemlach Pty Ltd T/A Douglas Sheetmetal & Engineering

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established