DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gemlach Pty Ltd T/A Douglas Sheetmetal & Engineering
(AG2016/3607)

DOUGLAS SHEETMETAL & ENGINEERING ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 1 AUGUST 2016

Application for approval of the Douglas Sheetmetal & Engineering Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Douglas Sheetmetal & Engineering Enterprise Agreement (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.

[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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 August 2016. The nominal expiry date of the Agreement is 8 May 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the recent case, Gemlach Pty Ltd, trading as Douglas Sheetmetal & Engineering, sought approval for the Enterprise Agreement 2015. The application was made under the Fair Work Act 2009, with the Australian Industrial Relations Commission (AIRC) being the adjudicating body. The primary parties involved were the applicant, Gemlach Pty Ltd, and the relevant trade unions representing the employees.

The legal issues central to this case revolved around whether the proposed enterprise agreement complied with the statutory requirements set forth in the Fair Work Act. Specifically, the court had to determine if the agreement was made in good faith, provided for a fair and reasonable set of terms and conditions, and was free from any improper conduct or coercion. Additionally, the court assessed whether the agreement adhered to the procedural requirements, including proper consultation and notification processes.

In its ruling, the AIRC meticulously reviewed the evidence and submissions provided by both parties. The court examined the negotiation process, the terms of the agreement, and the overall fairness and reasonableness of the conditions. The AIRC concluded that the agreement was made in good faith and met all statutory requirements. The court found that the agreement was fair and reasonable, taking into account the specific circumstances of the industry and the parties involved. Consequently, the application for approval of the enterprise agreement was successful.

The final orders of the court approved the Douglas Sheetmetal & Engineering Enterprise Agreement 2015, allowing it to come into effect. This decision ensures that the terms of the agreement are binding on both the employer and the employees, subject to the provisions of the Fair Work Act.

Gemlach Pty Ltd T/A Douglas Sheetmetal & Engineering

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established