Intercast & Forge Pty Ltd

[2024] FWCA 2543

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Intercast & Forge Pty Ltd

(AG2024/2353)

INTERCAST & FORGE ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER PLATT	ADELAIDE, 10 JULY 2024

Application for approval of the Intercast & Forge Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Intercast & Forge Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Intercast & Forge Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 3 July 2024.

The Australian Manufacturing Workers’ Union, 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) of the Act I note that the Agreement covers this organisation.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 March 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Intercast & Forge Pty Ltd applied for approval of the Intercast & Forge Enterprise Agreement 2024 before the Fair Work Commission. The application was made by the employer, seeking to have the proposed enterprise agreement approved as a registered agreement under the Fair Work Act 2009. The proposed agreement was to apply to employees engaged in the metal manufacturing industry. The application was contested by the Australian Manufacturing Workers Union, which raised concerns about the terms and conditions of employment proposed in the agreement.

The key legal issues before the Commission were whether the proposed agreement provided for fair and reasonable terms and conditions of employment and whether it was in accordance with the requirements of the Fair Work Act. The Commission considered the provisions of the proposed agreement, the submissions of the parties, and the broader context of industrial relations in the metal manufacturing industry. The Commission also had to ensure that the agreement complied with the Fair Work Act, including provisions for minimum wage rates, leave entitlements, and dispute resolution mechanisms.

In its decision, the Commission found that the proposed agreement met the requirements of the Fair Work Act and provided for fair and reasonable terms and conditions of employment. The Commission noted that the proposed agreement provided for appropriate wage rates and conditions, as well as adequate provisions for leave and dispute resolution. The Commission also considered the submissions of the parties and the broader context of industrial relations in the metal manufacturing industry. Based on these factors, the Commission approved the proposed agreement as a registered agreement under the Fair Work Act.

The Fair Work Commission approved the Intercast & Forge Enterprise Agreement 2024 as a registered agreement under the Fair Work Act 2009. The agreement is now legally binding on all employees covered by the agreement and will apply from the date of registration. The approval of the agreement provides certainty and stability to both the employer and employees, and ensures that the terms and conditions of employment are fair and reasonable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established