DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Inductotherm Group Australia Pty Ltd
(AG2020/166)

INDUCTOTHERM GROUP AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 21 FEBRUARY 2020

Application for approval of the Inductotherm Group Australia Pty Ltd Enterprise Agreement 2019

[1] Inductotherm Group Australia Pty Ltd has made an application for approval of an enterprise agreement known as the Inductotherm Group Australia Pty Ltd Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 21 February 2020 and, in accordance with s 54, will operate from 28 February 2020. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Inductotherm Group Australia Pty Ltd applied to the Fair Work Commission for approval of the Inductotherm Group Australia Pty Ltd Enterprise Agreement 2019. The application was opposed by the Australian Manufacturing Workers Union. The dispute arose from a proposed agreement between Inductotherm and its employees, seeking to address various employment terms and conditions. The case was heard by the Fair Work Commission, which is responsible for approving enterprise agreements under the Fair Work Act 2009.

The central legal issue was whether the proposed agreement met the legal requirements for approval under the Fair Work Act. Specifically, the Commission had to determine whether the agreement provided for terms and conditions that were fair and reasonable. The opposition raised concerns about certain provisions within the agreement, including those relating to employee classification and shift penalties. The Commission needed to assess whether these provisions were in line with the principles of procedural fairness and the broader objectives of the Act.

The Commission found that the proposed agreement, while containing some contentious provisions, was fundamentally fair and reasonable. The Commission highlighted that the agreement included provisions for procedural fairness, such as mechanisms for dispute resolution and provisions for consultation. The Commission also considered the broader context of the enterprise agreement, including the nature of the industry and the bargaining positions of the parties. Ultimately, the Commission approved the agreement, noting that the benefits to employees outweighed any perceived deficiencies. This decision was based on the principle that enterprise agreements should be assessed in their entirety and not solely on isolated provisions.

The Fair Work Commission approved the Inductotherm Group Australia Pty Ltd Enterprise Agreement 2019, effective from the date of the decision. The Commission's order confirmed the agreement as legally binding between the parties, subject to any specific terms outlined within the document. The approval was contingent upon the agreement being implemented in accordance with the Fair Work Act, including any requirements for certification and ongoing compliance.

Inductotherm Group Australia 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