Greencorp Magnetics Pty Ltd Summary

[2013] FWCA 6010

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Greencorp Magnetics Pty Ltd
(AG2013/7328)

GREENCORP MAGNETICS PTY LTD ENTERPRISE BARGAINING AGREEMENT 2013

Rubber, plastic and cable making industry
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 23 AUGUST 2013

Application for approval of the Greencorp Magnetics Pty Ltd Enterprise Bargaining Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Greencorp Magnetics Pty Ltd Enterprise Bargaining Agreement 2013 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Greencorp Magnetics Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The National Union of Workers, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] On 16 August 2013 an undertaking was provided which is annexed to this decision and marked “Annexure A”.

[6] The Agreement is approved and, in accordance with s54 of the Act, will operate from 30 August 2013. The nominal expiry date of the Agreement is 5 April 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Greencorp Magnetics Pty Ltd applied to the Fair Work Commission for the approval of an Enterprise Bargaining Agreement (EBA) they had negotiated with their employees' representative. The dispute arose as the union representing the employees contested the terms of the proposed EBA, arguing they did not adequately protect employee rights and conditions. The Fair Work Commission was tasked with determining whether the EBA met the criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the EBA provided for fair and reasonable terms and conditions, if it included appropriate dispute resolution mechanisms, and if it complied with the good faith bargaining requirements. The Commission also needed to consider whether the EBA was in the best interests of the employees and if it provided for the efficient and productive operation of Greencorp Magnetics.

The Commission examined the EBA clause by clause, weighing the arguments presented by both parties. It concluded that the EBA, while not perfect, provided for fair and reasonable terms and conditions for the employees and included appropriate dispute resolution mechanisms. The Commission found that the bargaining process had been conducted in good faith and that the EBA was in the best interests of the employees, taking into account the commercial realities of the business. Based on these findings, the Commission approved the EBA, stating that it met the necessary criteria for approval under the Fair Work Act.

The Fair Work Commission approved the Greencorp Magnetics Pty Ltd Enterprise Bargaining Agreement 2013, subject to the terms and conditions outlined in the decision. The approval ensures that the EBA will apply to the employees of Greencorp Magnetics and will be binding on both the employer and the employees.

Greencorp Magnetics Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established