Handrail & Balustrade Fabrications Pty Ltd Summary

[2014] FWCA 5160

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Handrail & Balustrade Fabrications Pty Ltd
(AG2014/6869)

HANDRAIL AND BALUSTRADE FABRICATIONS PTY LTD ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 31 JULY 2014

Application for approval of the Handrail and Balustrade Fabrications Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Handrail and Balustrade Fabrications Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Handrail & Balustrade 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 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 August 2014. The nominal expiry date of the Agreement is 30 June 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Handrail & Balustrade Fabrications Pty Ltd, sought approval of the Handrail and Balustrade Fabrications Pty Ltd Enterprise Agreement 2014. The application was made to the Fair Work Commission under the Fair Work Act 2009. The matter was contested by the Australian Manufacturing Workers' Union who raised concerns about the proposed agreement's provisions.

The central legal issue before the Commission was whether the proposed enterprise agreement met the requirements of the Fair Work Act, specifically whether it provided for terms and conditions that were "better off overall" for the employees covered by the agreement, and whether it contained appropriate dispute resolution processes. The Commission also needed to determine if the agreement was made in good faith and without coercion.

The Commission found that the agreement was made in good faith and without coercion, and that the parties had engaged in genuine bargaining. The Commission also determined that the proposed agreement provided for terms and conditions that were better off overall for the employees, and contained appropriate dispute resolution processes. The Commission took into account the parties' submissions and evidence, as well as relevant economic and industry factors. The Commission approved the application, and the Handrail and Balustrade Fabrications Pty Ltd Enterprise Agreement 2014 was registered.

The Fair Work Commission approved the Handrail and Balustrade Fabrications Pty Ltd Enterprise Agreement 2014, and it was registered under the Fair Work Act 2009. The agreement will now apply to the employees covered by it, and will remain in effect until it is terminated or replaced by a new agreement.

Handrail & Balustrade Fabrications Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established