DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Industrial Conveying (Aust) Pty Ltd
(AG2018/727)

INDUSTRIAL CONVEYING (AUST) PTY LTD - BENDIGO ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 20 APRIL 2018

Application for approval of the Industrial Conveying (Aust) Pty Ltd - Bendigo Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Industrial Conveying (Aust) Pty Ltd - Bendigo Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Industrial Conveying (Aust) Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 April 2018. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Industrial Conveying (Aust) Pty Ltd, the employer, applied to the Fair Work Commission for the approval of the Industrial Conveying (Aust) Pty Ltd - Bendigo Enterprise Agreement 2017, which had been negotiated with the relevant unions. The unions, who represent the employees, sought to ensure that the agreement provided adequate protections and benefits for their members. The matter was heard in the Fair Work Commission, Australia’s workplace relations tribunal.

The primary legal issue before the Commission was whether the agreement met the requirements set out in the Fair Work Act 2009. This included assessing whether the agreement had been genuinely negotiated, was free from coercion and undue influence, and provided for the proper protection of employees' interests. The Commission also had to determine whether the agreement met the minimum standards set by the relevant industrial instruments.

The Commission found that the agreement had been genuinely negotiated and was free from any form of coercion or undue influence. It was determined that the agreement provided for adequate protections and benefits for employees, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms. The Commission also found that the agreement met all the minimum standards required under the Fair Work Act 2009 and the relevant industrial instruments. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the Industrial Conveying (Aust) Pty Ltd - Bendigo Enterprise Agreement 2017, recognising it as a valid and enforceable agreement between the employer and the employees. This decision provides clarity and certainty for both parties, ensuring that the agreement will govern their workplace relations for the specified period.

Industrial Conveying (Aust) 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