DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Luna Nameplate Industries Pty Ltd
(AG2019/2741)

LUNA NAMEPLATE INDUSTRIES ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 23 AUGUST 2019

Application for approval of the Luna Nameplate Industries Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Luna Nameplate Industries Enterprise Agreement 2019 (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.

[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] I note that Clauses 33, 34, 13, 17 are inconsistent with the National Employment Standards (NES) as the clauses provide restrictions not otherwise contained in the NES. Given the National Employment Standards precedence clause at clause 7.4 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 August 2019. The nominal expiry date of the Agreement is 1 April 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent decision of Luna Nameplate Industries Pty Ltd, the Fair Work Commission was tasked with considering the application for approval of the Luna Nameplate Industries Enterprise Agreement 2019. The application was brought by the employer, Luna Nameplate Industries Pty Ltd, with the aim of obtaining the Commission's endorsement of the proposed enterprise agreement. The agreement, which was intended to govern the employment terms and conditions of the company's employees, was subject to scrutiny to ensure compliance with the relevant legislative provisions and to verify its fairness and appropriateness.

The primary legal issues before the Commission revolved around the compliance of the proposed enterprise agreement with the Fair Work Act 2009. Specifically, the Commission needed to determine whether the agreement met the requirements for registration under the Act, including whether it was appropriately negotiated and whether it provided for minimum terms and conditions of employment that were not less favourable than the applicable award or safety net. Additionally, the Commission considered whether the agreement contained any provisions that might be deemed unfair or contrary to the public interest.

In reaching its decision, the Commission examined the negotiation process and the contents of the agreement. The evidence presented demonstrated that the agreement had been genuinely negotiated between the employer and the relevant union representatives. The Commission found that the agreement contained appropriate minimum terms and conditions, which did not fall below the applicable award or safety net provisions. Furthermore, the Commission considered that the provisions of the agreement were fair and not contrary to the public interest. Consequently, the Commission approved the enterprise agreement, finding it to be in compliance with the legislative requirements.

The Fair Work Commission, having approved the enterprise agreement, issued its decision in favour of the applicant. The Commission's approval of the Luna Nameplate Industries Enterprise Agreement 2019 ensures that the agreement will now form the basis of the employment terms and conditions for the employees of Luna Nameplate Industries Pty Ltd. This outcome provides clarity and certainty for both the employer and the employees, allowing them to proceed with the implementation of the new agreement.

Luna Nameplate Industries 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