DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Intercast & Forge Pty Ltd
(AG2015/2983)

INTERCAST & FORGE - ADELAIDE EBA AGREEMENT 2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 3 JULY 2015

Application for approval of the Intercast & Forge - Adelaide EBA Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Intercast & Forge - Adelaide EBA Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Intercast & Forge Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 July 2015. The nominal expiry date of the Agreement is 31 May 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Circuit Court, the applicant, Intercast & Forge Pty Ltd, sought approval of the Intercast & Forge – Adelaide Enterprise Bargaining Agreement 2015. The respondent, the Australian Manufacturing Workers’ Union, contested the application on the basis that the agreement did not meet the prescribed standards for enterprise agreements under the Fair Work Act 2009. The dispute centred around the procedural fairness of the agreement's negotiation process and the substantive fairness of the terms contained within the agreement.

The court was required to determine whether the negotiation process adhered to the procedural requirements outlined in the Fair Work Act, and whether the terms of the agreement were fair and reasonable. The court examined the evidence provided by both parties, including the negotiation logs, the conduct of the negotiations, and the content of the agreement. The court also considered the nature of the employment relationship, the bargaining positions of the parties, and the fairness of the terms in light of the general principles of fairness as set out in the Fair Work Act.

The court found that the negotiation process was procedurally fair, as the applicant had engaged in good faith negotiations and provided adequate information to the union. The court also concluded that the terms of the agreement were fair and reasonable, taking into account the specific circumstances of the employment relationship and the bargaining positions of the parties. The court emphasised that the agreement provided for a balanced distribution of benefits and obligations between the parties and did not contain any terms that were manifestly unfair or unreasonable.

The court granted the applicant's application for approval of the Intercast & Forge – Adelaide EBA Agreement 2015, subject to the specific terms and conditions set out in the agreement. The court also noted that the agreement would be subject to ongoing review and potential amendment in light of any changes in the employment relationship or bargaining positions of the parties.

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