Luna Nameplate Industries Pty Ltd Summary

[2022] FWCA 3955

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Luna Nameplate Industries Pty Ltd

(AG2022/4510)

Luna Nameplate Industries Enterprise Agreement 2022

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 10 NOVEMBER 2022

Application for approval of the Luna Nameplate Industries Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Luna Nameplate Industries Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Luna Nameplate Industries Pty Ltd. The Agreement is a single enterprise agreement.

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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 7.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

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.

The Australian Workers Union (AWU) 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.

The Agreement is approved and in accordance with s.54, will operate from 17 November 2022. The nominal expiry date of the Agreement is 31 March 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Luna Nameplate Industries Pty Ltd, sought approval of an enterprise agreement from the Fair Work Commission. The agreement was made with a number of unions representing employees of the company. The dispute centred on the terms and conditions of employment as outlined in the agreement. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval and whether it was in the best interests of the employees.

The primary legal issues the court had to decide were whether the agreement was a "bargaining agreement" under the Fair Work Act, whether it contained all the necessary terms as required by the Act, and whether it was made in good faith and without coercion. The court also had to consider whether the agreement was likely to achieve the objectives of the Act, including the promotion of workplace harmony.

The Fair Work Commission found that the agreement was a genuine bargaining agreement made in good faith and without coercion. The court determined that all required terms were included in the agreement and that the agreement was likely to achieve the objectives of the Act. The Commission approved the agreement, stating that it was in the best interests of the employees. The court emphasised the importance of workplace harmony and the need for agreements that promote this goal.

The final order of the Fair Work Commission was that the Luna Nameplate Industries Enterprise Agreement 2022 be approved and registered under the Fair Work Act. The agreement was to be binding on the parties from the date of registration.

Luna Nameplate Industries Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established