DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Intercast & Forge Pty Ltd
(AG2017/1607)

INTERCAST & FORGE ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER JOHNS	MELBOURNE, 25 MAY 2017

Application for approval of the Intercast & Forge Enterprise Agreement 2017.

[1] On 9 May 2017 Intercast & Forge Pty Ltd (Applicant) made an application for approval of the Intercast & Forge Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. In any case, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) has indicated its acceptance of the undertakings.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] 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), the Commission notes that the Agreement covers this organisation.

[7] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 1 June 2017. The nominal expiry date of the Agreement is 31 May 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Intercast & Forge Pty Ltd sought approval of an enterprise agreement from the Fair Work Commission. The applicant argued that the agreement was suitable for registration under the Fair Work Act 2009, having been negotiated in good faith and covering terms and conditions of employment for employees within the company. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which raised concerns about the agreement's provisions.

The legal issues before the Commission involved whether the agreement met the statutory requirements for approval under the Fair Work Act. This required the Commission to determine if the agreement was genuinely negotiated, contained only permissible terms, and did not adversely affect employees' rights or protections. The Commission also had to assess whether the agreement was in the best interests of the employees it covered.

In determining the application, the Commission examined the process of negotiation, the contents of the agreement, and the impact on the employees. The Commission found that the agreement was genuinely negotiated in good faith and contained terms that were not contrary to the Act. The Commission was satisfied that the agreement did not adversely affect employees' rights or protections and was in their best interests. Consequently, the Commission approved the application for registration of the Intercast & Forge Enterprise Agreement 2017.

The Fair Work Commission approved the application for the registration of the Intercast & Forge Enterprise Agreement 2017. The Commission found that the agreement met all the statutory requirements for approval under the Fair Work Act. The decision was based on the genuine negotiation process, permissible terms, and the agreement's alignment with the best interests of the employees.

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