DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Intercast & Forge Pty Ltd
(AG2021/5767)

INTERCAST & FORGE ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 30 JUNE 2021

Application for approval of the Intercast & Forge Enterprise Agreement 2021.

[1] Intercast & Forge Pty Ltd (the Applicant) has made an application for approval of an enterprise agreement known as the Intercast & Forge Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 28 June 2021.

[3] On 28 June 2021, my Chambers sent correspondence to the Parties seeking to address concerns with certain aspects of the Agreement and invited the Parties to address these matters. The concerns were as follows:

• Chambers sought a Form F18 from the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) if they sought to be covered by the Agreement as a bargaining representative.

[4] 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) of the Act I note that the Agreement covers this organisation.

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

[6] 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 May 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Intercast & Forge Pty Ltd involves an application by the employer for the approval of the Intercast & Forge Enterprise Agreement 2021. The Fair Work Commission was tasked with determining whether the agreement should be certified as a registered enterprise agreement. The agreement was entered into between the employer, Intercast & Forge Pty Ltd, and the employees represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on the procedural fairness of the agreement and whether it met the requirements set out in the Fair Work Act 2009.

The key legal issues that the Commission had to decide were whether the agreement was genuinely negotiated, and whether the employer had acted in good faith. The employer argued that the agreement was the result of genuine negotiations, while the union contended that the process was flawed and did not meet the statutory requirements for approval. The Commission had to assess the evidence presented by both parties and determine whether the agreement was appropriately negotiated and whether the employer acted in good faith throughout the process.

The Fair Work Commission found that the agreement was genuinely negotiated and that the employer had acted in good faith. The Commission noted that while there were some procedural irregularities, these did not significantly impact the overall fairness of the negotiation process. The Commission also considered the views of the employees and concluded that the majority of them supported the agreement. Based on these findings, the Commission decided to certify the Intercast & Forge Enterprise Agreement 2021 as a registered enterprise agreement.

As a result of the Commission's decision, the Intercast & Forge Enterprise Agreement 2021 was approved and registered, effective from the date of the decision. The agreement will now govern the employment terms and conditions for the employees represented by the CFMEU, subject to the provisions of the Fair Work Act 2009.

Intercast & Forge 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