Latrobe Valley Machining Pty Ltd Summary

[2013] FWCA 2803

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Latrobe Valley Machining Pty Ltd
(AG2013/1005)

LATROBE VALLEY MACHINING PTY LTD ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 6 MAY 2013

Application for approval of the Latrobe Valley Machining Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Latrobe Valley Machining Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Latrobe Valley Machining 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 Agreement is approved and, in accordance with s.54(1), will operate from 13 May 2013. The nominal expiry date of the Agreement is 12 May 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application for approval of the Latrobe Valley Machining Pty Ltd Enterprise Agreement 2013 was heard in the Fair Work Commission. The dispute centred around the fairness and validity of the enterprise agreement proposed by Latrobe Valley Machining Pty Ltd for its employees. The application was brought by the company seeking approval of the agreement under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. This included verifying if the agreement had been made in good faith, if it was free from any improper influences or pressures, and whether it provided for fair terms and conditions of employment. Additionally, the Commission needed to assess if the agreement was supported by a majority of the employees in the relevant bargaining unit.

The Fair Work Commission found that the agreement was made in good faith and was free from any improper influences. The Commission also determined that the agreement provided for fair terms and conditions of employment, as it addressed key issues such as wages, working hours, and other employment conditions. The evidence presented showed that the agreement was supported by a majority of the employees in the relevant bargaining unit, thus satisfying the statutory requirements for approval.

As a result, the Fair Work Commission approved the Latrobe Valley Machining Pty Ltd Enterprise Agreement 2013. The agreement now binds the employees and the employer, setting out the terms and conditions of their employment.

Latrobe Valley Machining Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established