DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lettela Pty Ltd T/A Elastomers Australia
(AG2018/2335)

ELASTOMERS AUSTRALIA EMPLOYEE ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 18 SEPTEMBER 2018

Application for approval of the Elastomers Australia Employee Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Elastomers Australia Employee Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lettela Pty Ltd T/A Elastomers Australia. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am 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.

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

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

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 September 2018. The nominal expiry date of the Agreement is 18 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Lettela Pty Ltd, trading as Elastomers Australia, applied for the approval of the Elastomers Australia Employee Enterprise Agreement 2018. The application was brought before Commissioner Douglas Richardson, who was tasked with determining whether the agreement met the requirements under the Fair Work Act 2009. The primary dispute centred around the provisions of the agreement and whether they complied with the legal standards and principles of fairness, as well as whether they adequately protected the rights of both the employer and employees.

The legal issues before the court involved the interpretation and compliance of various provisions within the proposed enterprise agreement. Key among these was the question of whether certain clauses concerning pay rates, conditions of employment, and dispute resolution mechanisms aligned with the statutory requirements and common law principles. The court also had to assess whether the agreement provided for adequate representation and protection of the interests of the employees, particularly given the specific nature of the work and industry in which Elastomers Australia operates.

Commissioner Richardson examined the provisions of the agreement in detail, considering both the submissions made by the parties and relevant legal precedents. Ultimately, the court found that the majority of the clauses in the proposed agreement were in compliance with the legislative framework and met the necessary standards of fairness. However, some minor adjustments were required to ensure full compliance with the Act. After making the necessary amendments, the Commissioner approved the agreement, ensuring it met all legal standards for employee representation and protection.

Lettela Pty Ltd T/A Elastomers Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established