Integrated Machinery Pty Ltd T/A Integrated Machinery Summary

[2013] FWCA 8362

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Integrated Machinery Pty Ltd T/A Integrated Machinery
(AG2013/10985)

INTEGRATED MACHINERY P/L ENTERPRISE AGREEMENT 2013 - 2016

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 24 OCTOBER 2013

Application for approval of the Integrated Machinery P/L Enterprise Agreement 2013 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Integrated Machinery P/L Enterprise Agreement 2013 - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Integrated Machinery Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 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. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 31 October 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Integrated Machinery Pty Ltd, trading as Integrated Machinery, applied for the approval of the Integrated Machinery P/L Enterprise Agreement 2013-2016. The application was made under the Fair Work Act 2009, and the dispute centred on the provisions of the proposed agreement and its compliance with the relevant industrial legislation. The case was heard in the Fair Work Commission, Australia's workplace relations tribunal.

The primary legal issues before the Commission were whether the proposed agreement met the formal requirements of the Fair Work Act and whether it contained any provisions that were contrary to the public interest or not genuinely agreed upon by the parties. The Commission needed to ensure that the agreement complied with all legislative requirements, including those related to minimum standards, good faith bargaining, and the protection of employees' rights.

The Commission found that the proposed agreement was generally compliant with the Fair Work Act, including meeting the formal requirements and ensuring that it was genuinely agreed upon by the parties. The Commission did identify some minor issues with the agreement, but these were resolved through negotiations between the parties. The Commission was satisfied that the agreement did not contain any provisions contrary to the public interest and approved the Integrated Machinery P/L Enterprise Agreement 2013-2016.

The Fair Work Commission approved the Integrated Machinery P/L Enterprise Agreement 2013-2016, with minor amendments to address the identified issues. This decision ensures that the agreement meets all legal requirements and provides a fair framework for the employment relationship between Integrated Machinery and its employees.

Integrated Machinery Pty Ltd T/A Integrated Machinery

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established